Cases1806770/2024

Claimant v St Giles Trust

4 July 2025Before Employment Judge AyreLondon Centralremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(disability)not determined

Allegation at paragraph 6.2.1 is fact sensitive and cannot be determined without hearing of evidence. Whilst it has little reasonable prospect of success without evidence, it cannot be said it has no reasonable prospect of success.

Direct Discrimination(disability)not determined

Allegation at paragraph 6.2.2 relates to claimant's treatment whilst he was off sick. Appears out of time but determination will be made at final hearing as to whether it was part of continuing act. Cannot be said there is no reasonable prospect of succeeding.

Direct Discrimination(disability)struck out

Allegation at paragraph 6.2.3 relates to dismissal. Struck out against Second Respondent as she was not involved in the decision to dismiss. Not struck out against First Respondent as evidence needed to determine why First Respondent took decision to dismiss.

Failure to Make Reasonable Adjustments(disability)not determined

Evidence needed to decide whether First Respondent applied the PCPs, whether claimant suffered the disadvantage (unable to attend work, was off sick, experienced feelings of isolation), and whether it was reasonable to make the adjustment. Cannot be said claim has no reasonable prospect of success.

Harassment(disability)not determined

Allegation at paragraph 8.1.1 cannot be determined without hearing evidence. Cannot be said it has no reasonable prospect of success.

Harassment(disability)struck out

Allegation at paragraph 8.1.2 that First Respondent leaked and distributed recordings of conversations. Claimant does not know who leaked and distributed recordings. Allegation is also out of time. Has no reasonable prospects of success and struck out against both respondents.

Harassment(disability)not determined

Allegation at paragraph 8.1.3 has little reasonable prospect of success for reasons set out in Deposit Order, but will need evidence to determine it. Cannot be said it has no reasonable prospect of success.

Facts

The claimant, Mr Quashie, brought disability discrimination claims against St Giles Trust (his employer) and Patsy Joyce (his line manager). The claims included direct discrimination, failure to make reasonable adjustments, and harassment. The claimant was off sick between November 2023 and February 2024. He was subsequently dismissed by another manager, not by Ms Joyce. The respondents applied for strike out of all discrimination allegations.

Decision

The tribunal struck out the dismissal claim against the Second Respondent (Ms Joyce) as she was not involved in the dismissal decision. It also struck out the harassment allegation regarding leaked recordings as the claimant did not know who was responsible and it was out of time. All other claims were allowed to proceed to a full hearing as they were fact-sensitive and could not be determined without evidence.

Practical note

At preliminary hearings, discrimination claims brought by litigants in person should rarely be struck out as they are fact-sensitive, and tribunals must take the claimant's case at its highest, only striking out in the most obvious cases with no reasonable prospect of success.

Legal authorities cited

Kwele-Siakam v Co-Operative Group Ltd EAT 0039/17Hasan v Tesco Stores Ltd EAT 0098/16Mbuisa v Cygnet Healthcare Ltd EAT 0119/18Abertawe Bro Morgannwg University Health Board v Ferguson [2013] ICR 1108Cox v Adecco and ors [2021] ICR 1307Anyanwu and anor v South Bank Student Union and anor [2001] ICR 391

Statutes

Rule 38 Employment Tribunal Procedure Rules 2024

Case details

Case number
1806770/2024
Decision date
4 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
charity
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No