Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal struck out the constructive unfair dismissal claim under rule 38 on grounds that it had no reasonable prospect of success.
The claim for unfair dismissal was permitted to proceed to a full hearing for determination on the merits.
The claim for wrongful dismissal was permitted to proceed to a full hearing for determination on the merits.
Multiple allegations of direct race discrimination were permitted to proceed, including relating to an alleged assault, handling of disciplinary meetings, changes to duty paperwork, failure to deal with complaints, and dismissal. These will be determined at full hearing.
Multiple allegations of direct sex discrimination were permitted to proceed, including relating to an alleged assault, handling of disciplinary meetings, changes to duty paperwork, failure to deal with complaints, and dismissal. These will be determined at full hearing.
Multiple allegations of direct age discrimination were permitted to proceed, including relating to an alleged assault, handling of disciplinary meetings, changes to duty paperwork, failure to deal with complaints, and dismissal. These will be determined at full hearing.
The victimisation claim was permitted to proceed, based on the protected act of making discrimination complaints against Ms Sinclair in previous tribunal case 3311695/2022, with detriments being the acts of discrimination other than the assault.
The claim for holiday pay was permitted to proceed to a full hearing for determination on the merits.
The claim for notice pay was permitted to proceed to a full hearing for determination on the merits.
The claim for arrears of pay/breach of contract was permitted to proceed but limited to claims for unpaid contractual overtime between 13 January and 16 March 2023 and 23 October and 22 December 2023.
Facts
Mr Baptiste, a Royal Mail employee and trade union representative, brought claims arising from an alleged assault by Richard Ashwood in December 2022, disciplinary proceedings conducted in his absence in November and December 2023, changes to his duty paperwork, and his eventual dismissal. He alleged race, sex and age discrimination, victimisation related to a previous tribunal claim against Ms Sinclair, and claims for unpaid wages, holiday pay and notice pay. The respondent applied to strike out on grounds of no reasonable prospects and unreasonable conduct.
Decision
The tribunal struck out the constructive dismissal claim as having no reasonable prospect of success. The tribunal refused to strike out for unreasonable conduct, though acknowledged the claimant had engaged in such conduct by including irrelevant and personal comments in purported witness summonses. The tribunal allowed most other claims to proceed including unfair dismissal, wrongful dismissal, direct discrimination on grounds of race/sex/age, victimisation, holiday pay, notice pay, and limited claims for unpaid overtime.
Practical note
Even where a claimant has engaged in unreasonable conduct, a tribunal may exercise discretion not to strike out if substantive claims with reasonable prospects remain, though one aspect of the claim may be struck out on its merits.
Legal authorities cited
Statutes
Case details
- Case number
- 3302961/2024
- Decision date
- 7 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No