Claimant v B & M Retail Limited
Outcome
Individual claims
Struck out under Rule 38 for failure to provide sufficient particulars despite repeated tribunal orders and no reasonable prospect of success. The claim form provided no details from which race discrimination could be discerned, and the claimant failed to comply with case management orders to provide further information. The respondent was entitled to know the claim it had to meet.
Facts
The claimant was offered a role by the respondent with a specific shift pattern but wanted different hours which were not available. He did not accept the offer and employment never commenced. He brought a race discrimination claim but provided no particulars in box 8.2 of the ET1. Despite a tribunal order for further information and repeated requests from the respondent, the claimant failed to provide adequate details. He mentioned a telephone call on 16 April 2024 where a respondent representative referred to two Africans named Peter, which he found disrespectful.
Decision
The tribunal struck out the race discrimination claim under Rule 38 for non-compliance with case management orders and because there was nothing in the claim form pointing to race discrimination. The respondent was entitled to know the claim it had to meet and the claimant had failed to provide sufficient particulars despite repeated opportunities. The claim would proceed no further.
Practical note
A claimant must provide sufficient particulars of discrimination claims and comply with tribunal orders for further information, or face strike out even without an unless order.
Legal authorities cited
Statutes
Case details
- Case number
- 3305587/2024
- Decision date
- 17 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No