Claimant v GXO Logistics UK Limited
Outcome
Individual claims
Tribunal struck out historic complaints (training denials from 2010, sick pay issues 2018-2019) as having no reasonable prospect of success. Complaints about work allocation following return from hernia surgery in July/August 2022 onwards were allowed to proceed as they had reasonable prospect and were potentially within time.
Direct discrimination claims relating to manager Stephen Panton repeatedly scheduling claimant to physically demanding work areas despite medical restrictions following hernia operation (August 2022-May 2025) allowed to proceed. Earlier claims struck out as too historic and having no reasonable prospect of success.
Harassment complaint relating to post-surgery work allocation (August 2022 onwards) allowed to proceed. Tribunal found sufficient basis for the claim to continue but could not determine likelihood of success at preliminary stage. Earlier harassment complaints struck out.
Facts
Slovak warehouse operative employed since 2007 alleged race discrimination including denial of training opportunities, health-related work allocation issues, and suspension of sick pay. Following hernia surgery in June 2022, he returned to work in July/August 2022 with medical restrictions. He alleged his manager Stephen Panton repeatedly assigned him to physically demanding areas despite knowing his medical limitations. Claimant believed he was treated worse than Scottish colleagues due to being a 'foreigner' perceived as less aware of his rights.
Decision
Tribunal struck out historic complaints dating to 2010-2019 (training denials, sick pay issues) as having no reasonable prospect of success and being too old to revive. However, complaints about work allocation following return from surgery in July/August 2022 onwards were allowed to proceed as they had reasonable prospect of success and were potentially within time as continuing acts. Deposit order application refused.
Practical note
Even where a claimant's pleadings are unclear and partially time-barred, tribunals will preserve claims with a reasonable prospect of success, particularly for unrepresented claimants whose first language is not English, applying the strict 'draconian' test for strike-out applications.
Legal authorities cited
Statutes
Case details
- Case number
- 8000481/2025
- Decision date
- 30 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Warehouse operative
- Service
- 18 years
Claimant representation
- Represented
- No