Cases3303534/2024

Claimant v Crown Workspace Ltd

4 August 2025Before Employment Judge YoungWatfordin person

Outcome

Partly successful

Individual claims

Unfair Dismissalnot determined

Tribunal held that the claimant's case, put at its highest, that he was defending himself and provoked by colleague's swearing, had reasonable prospects of success. Strike out was not appropriate as it would require more than cursory examination of documents.

Direct Discrimination(race)struck out

Claimant was unable to provide any reason why he believed he was dismissed or subject to biased disciplinary process because of his race, other than how he felt. Tribunal found no material from which it could conclude discrimination had occurred, applying Chandhok v Tirkey principles.

Harassment(race)struck out

Claimant was unable to provide any reason as to why he said Mr Keyes harassed him because of his race other than that is how he felt. No material from which tribunal could conclude harassment related to race had occurred.

Direct Discrimination(religion)not determined

Claimant referred to requesting a prayer room some months before dismissal. Though unable to confirm if same people were involved in prayer room decision and disciplinary process, tribunal could not say claim had no prospects of success when put at its highest. Strike out not appropriate.

Harassment(religion)not determined

Respondent's counsel conceded that the claimant's harassment related to religion claim was clear and did not seek to strike out this claim or ask for a deposit order.

Facts

Claimant, an Upholster employed from December 2019 to December 2023, was dismissed following an alleged assault incident. He claimed he was defending himself and was provoked by colleague Mr Keyes' swearing. He brought claims of unfair dismissal and discrimination/harassment on grounds of race and religion. He had previously requested a prayer room from management. The respondent applied to strike out his claims.

Decision

The tribunal struck out only the direct race discrimination and harassment related to race claims, finding no material from which discrimination could be concluded beyond the claimant's feelings. The unfair dismissal claim and religion-related discrimination claims were allowed to proceed, as they had reasonable prospects of success when the claimant's case was put at its highest.

Practical note

A litigant in person's subjective feelings alone, without any evidence linking decision-makers' conduct to protected characteristics, is insufficient to survive strike-out in discrimination claims, even applying the 'case at its highest' test.

Legal authorities cited

Cox v Adecco [2021] ICR 1307Mechkarov v Citibank NA [2016] ICR 1121Chandhok v Tirkey UKEAT/0190/14/KNMadarassy v Nomura International Plc [2007] ICR 867Anyanwu v South Bank Student Union [2001] ICR 391

Case details

Case number
3303534/2024
Decision date
4 August 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
professional services
Represented
Yes
Rep type
barrister

Employment details

Role
Upholster
Service
4 years

Claimant representation

Represented
No