Claimant v Birmingham Moseley Rugby Limited
Outcome
Individual claims
This claim remains live and is not affected by the withdrawal of other allegations. The judgment explicitly preserves the claimant's unfair dismissal complaint for future determination.
Some specific allegations have been withdrawn and dismissed, but the claim of race discrimination overall remains live. The judgment confirms the claimant can still rely on other matters as background to her race discrimination complaints.
This claim is explicitly preserved by the judgment and remains to be determined at a future hearing. It is not affected by the withdrawal of the specific allegations listed.
The judgment confirms this complaint is not affected by the withdrawal of specific allegations and remains live for future determination.
Facts
The claimant, Miss L Horton, brought claims against Birmingham Moseley Rugby Limited including unfair dismissal, race discrimination, pregnancy discrimination and victimisation. At a preliminary hearing, she withdrew four specific allegations relating to race discrimination, including comments about her birthday, promotion prospects, 'Black man's time', and comments about not being the only Black employee, as well as an allegation about a colleague's criminal conviction. The tribunal dismissed these withdrawn allegations.
Decision
Employment Judge Faulkner dismissed the four specific allegations that were withdrawn by the claimant, finding no reason why they should not be dismissed. However, the judge confirmed that the claimant's core claims of unfair dismissal, race discrimination, pregnancy discrimination and victimisation remain live and are not affected by this judgment.
Practical note
Partial withdrawal of specific factual allegations in discrimination cases does not prevent a claimant from pursuing the underlying claims, though withdrawn matters may not be relied upon as substantive allegations at a full hearing.
Case details
- Case number
- 1311281/2024
- Decision date
- 3 October 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No