Claimant v Open House London Limited
Outcome
Individual claims
The tribunal found that the claimant had not established that the respondent subjected him to direct discrimination because of his race. The complaint was dismissed after full consideration of the evidence over the 7-day hearing.
The tribunal found that the respondent had victimised the claimant. The claim was brought within the statutory time limit of three months from the date of the alleged victimisation, and the claimant succeeded in establishing that he had been subjected to a detriment because he had done a protected act.
Facts
Mr Bartosz Moscichowski brought claims of direct race discrimination and victimisation against Open House London Limited. The case was heard over 7 days by video hearing at London Central. The claimant appeared in person while the respondent was represented by a solicitor.
Decision
The tribunal dismissed the claimant's complaint of direct race discrimination, finding it had not been established. However, the victimisation claim succeeded, with the tribunal finding the claim was brought in time and that the claimant had been subjected to a detriment for doing a protected act.
Practical note
A claimant can succeed on a victimisation claim even where a direct discrimination claim on the same facts fails, as the tests and burdens of proof differ between these causes of action.
Legal authorities cited
Statutes
Case details
- Case number
- 2200388/2023
- Decision date
- 23 September 2025
- Hearing type
- full merits
- Hearing days
- 7
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No