Claimant v Imperial College of Science Technology and Medicine
Outcome
Individual claims
Claim relating to racial slur by Professor Tyrer (not employed by the respondent) struck out on the basis that there is no reasonable prospect of showing the first respondent is liable or that the claimant was treated less favourably.
Claim against fourth respondent (Professor Titirici) relating to single email on 20 February 2023 struck out as presented nine months out of time with no reasonable prospect of being part of course of conduct or time extension on just and equitable basis.
Claim against sixth respondent (Hannah Bannister) relating to single comment on 7 September 2022 struck out as presented 15 months out of time with no reasonable prospect of being part of course of conduct or time extension on just and equitable basis.
Detriment 2.1.2 (requiring claimant to apply for role) struck out as claimant conceded she did not believe treatment was motivated by race.
Detriment 2.1.12 (instruction to allow witnesses at disciplinary hearing) struck out as no prospect of showing this amounts to actionable claim or detriment.
Detriment 2.1.13 (organising leaving card and collection when unwelcome) struck out as no prospect of showing this amounts to less favourable treatment.
Detriment 2.1.15 (removal of annual leave entry from team calendar) struck out as no prospect of showing this amounts to less favourable treatment or harassment.
Multiple other detriment claims relating to handling of data subject access request, recording of conversations, and conduct of meetings were allowed to proceed as they can only be determined by hearing evidence.
Harassment claims remain valid where not specifically struck out and can only be determined by hearing evidence.
Facts
The claimant, an HR employee at Imperial College, brought race discrimination claims against the College and six individual respondents arising from multiple alleged detriments and acts of harassment. The claim was initially presented late in January 2024 following an earlier defective filing in September 2023. The respondents applied to strike out various allegations as having no reasonable prospect of success, including claims against two individuals based on single isolated incidents.
Decision
The tribunal struck out several allegations including the claim relating to a comment by Professor Tyrer (not employed by the respondent), claims against the fourth and sixth respondents based on isolated incidents presented 9 and 15 months out of time with no reasonable prospect of time extension, and four specific detriment allegations that did not meet the threshold or where the claimant conceded race was not a factor. The bulk of the claimant's claims were allowed to proceed.
Practical note
Isolated incidents by individual respondents presented significantly out of time will be struck out where there is no reasonable prospect of establishing continuing conduct and the balance of prejudice weighs heavily against extending time, even in discrimination cases.
Legal authorities cited
Statutes
Case details
- Case number
- 2201955/2024
- Decision date
- 1 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HR
Claimant representation
- Represented
- No