Claimant v The Bury Black Pudding Co Limited
Outcome
Individual claims
The tribunal struck out the claim of indirect religious discrimination under Rule 38 of the Employment Tribunal Rules of Procedure 2024 on the basis that it had no reasonable prospects of success.
The tribunal struck out the claim of direct race discrimination under Rule 38 of the Employment Tribunal Rules of Procedure 2024 on the basis that it had no reasonable prospects of success.
Facts
Mr Mubin brought claims of indirect religious discrimination and direct race discrimination against The Bury Black Pudding Co Limited. The case was heard at a preliminary hearing to consider the respondent's application to strike out the claims. The claimant represented himself while the respondent was represented by counsel.
Decision
Employment Judge M Butler struck out both claims under Rule 38 of the Employment Tribunal Rules of Procedure 2024 on the grounds that they had no reasonable prospects of success. This was a complete loss for the claimant and no claims remained.
Practical note
Self-represented claimants facing strike-out applications at preliminary hearings are at significant disadvantage, particularly where the threshold of 'no reasonable prospects of success' must be met for the tribunal to strike out claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6021959/2024
- Decision date
- 24 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No