Claimant v Crown Workspace Ltd
Outcome
Individual claims
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.
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.
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.
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.
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
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