Claimant v Overstone Park School Limited

Respondent applied to strike out six complaints under s13 Equality Act 2010. Tribunal refused strike out application. Taking claimant's case at highest, first part of two-part test not met. Discrimination claims require most obvious cases for strike out, factual matters disputed requiring evidence at final hearing, and claimant represented by lay person may not have presented complaints in best light.

Complaint about failure to provide statement of particulars of employment/contract. Tribunal refused respondent's strike out application as this is evidence sensitive and does not satisfy requirements under Rule 38 of Tribunal Rules.

Complaint about failure to provide itemised pay statements for June and July 2023 struck out as out of time. Last statement should have been issued end of July 2023, claimant did not contact ACAS until 8 March 2024. Not presented within three months plus early conciliation extension. Tribunal concluded it was reasonably practicable to submit within time limit and claimant failed to do so. No reasonable prospect of success and Tribunal has no jurisdiction as out of time.