Claimant v Dr K Hamid
Outcome
Individual claims
The claimant withdrew their complaints of unfair dismissal brought pursuant to the Employment Rights Act 1996. The tribunal dismissed these claims following withdrawal.
The tribunal found the claim brought pursuant to the Equality Act 2010 could not be said to have no reasonable prospect of success. The respondents' strike-out application was refused, and the claim proceeds to a full hearing.
Facts
The claimant brought claims of unfair dismissal and discrimination against two individual respondents, Dr K Hamid and Dr S Hamid, and New Brooklyn Dental Care. At a preliminary hearing, the claimant withdrew the unfair dismissal claims. The respondents applied to strike out the discrimination claim on grounds it had no reasonable prospect of success, and argued the claim should be struck out for failure to comply with early conciliation requirements.
Decision
The tribunal dismissed the unfair dismissal claims following withdrawal. It refused the strike-out application regarding the discrimination claim, finding it could not be said to have no reasonable prospect of success. The tribunal also found the claimant had obtained a valid early conciliation certificate naming the first respondent. New Brooklyn Dental Care was removed as a respondent as it was not a separate legal entity.
Practical note
A discrimination claim will not be struck out at a preliminary stage unless it has no reasonable prospect of success, and proper compliance with ACAS early conciliation requirements is essential for claims to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6019731/2024
- Decision date
- 18 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Dr K Hamid
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- Yes
- Rep type
- solicitor