Claimant v M Power Limited
Outcome
Individual claims
The claimant withdrew his victimisation complaint at the preliminary hearing on 12 May 2025 after being unable to articulate a protected act that fell within the provisions of Section 27 of the Equality Act 2010. The tribunal dismissed the complaint upon withdrawal and the reconsideration application was refused because the claimant failed to identify any relevant protected act in his ET1, at the hearing, or in his reconsideration application.
Facts
The claimant brought a victimisation claim but withdrew it at a preliminary hearing on 12 May 2025 after being unable to articulate a protected act under Section 27 of the Equality Act 2010. A judgment dismissing the claim upon withdrawal was issued on 9 June 2025. The claimant applied for reconsideration, arguing that an email he sent about lost documents and breach of confidentiality regarding his medication constituted a protected act. The tribunal considered the application on the papers.
Decision
The tribunal refused the reconsideration application because the claimant had not identified any new evidence or a valid protected act under Section 27 of the Equality Act 2010. The matters raised in the reconsideration application were the same as those in the ET1, which did not amount to protected acts. The tribunal found the claimant was seeking to have 'another bite of the cherry' and there was no reasonable prospect of the original dismissal judgment being varied or revoked.
Practical note
A victimisation claim cannot succeed without identification of a valid protected act under Section 27(2) of the Equality Act 2010, and reconsideration applications will be refused where claimants merely re-argue the same points without new evidence meeting the Ladd v Marshall test.
Legal authorities cited
Statutes
Case details
- Case number
- 2304361/2024
- Decision date
- 28 August 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- M Power Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No