Cases→6008602/2024

Claimant v Roust UK Ltd

10 June 2025Before Employment Judge A. TinnionLondon Centralremote video

Outcome

Claimant fails

Individual claims

Holiday Paydismissed on withdrawal

The claimant withdrew the holiday pay claim and it was dismissed on withdrawal by the tribunal.

Direct Discrimination(race)struck out

The tribunal struck out the claim of direct race discrimination relating to Polish nationality under Rule 38(1)(a) on the basis that it had no reasonable prospect of success.

Facts

The claimant brought claims for holiday pay and direct race discrimination based on Polish nationality against her employer. The holiday pay claim was withdrawn. The race discrimination claim proceeded to a preliminary hearing where the respondent argued it should be struck out.

Decision

The tribunal dismissed the holiday pay claim on withdrawal and struck out the race discrimination claim under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The tribunal gave oral reasons at the hearing.

Practical note

A direct race discrimination claim relating to Polish nationality can be struck out at a preliminary hearing if the tribunal finds it has no reasonable prospect of success.

Legal authorities cited

Statutes

Equality Act 2010 s.13Equality Act 2010 s.39(2)(d)Employment Tribunals Rules of Procedure Rule 38(1)(a)

Case details

Case number
6008602/2024
Decision date
10 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Roust UK Ltd
Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
solicitor
Search for this judgment on GOV.UK →