Claimant v St Giles Trust
Outcome
Individual claims
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.
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.
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.
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.
Allegation at paragraph 8.1.1 cannot be determined without hearing evidence. Cannot be said it has no reasonable prospect of success.
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.
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
Statutes
Case details
- Case number
- 1806770/2024
- Decision date
- 4 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- St Giles Trust
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No