Cases2313074/2024

Claimant v Compass Group UK and Ireland Ltd

Outcome

Partly successful

Individual claims

Indirect Discrimination(race)struck out

The tribunal found that the claimant failed to identify a provision, criterion, or practice (PCP) with the requisite group-based impact required under section 19 of the Equality Act 2010. No such PCP was identified in the claimant's further particulars or oral submissions. The reconsideration application was refused as it merely restated arguments already considered without establishing any procedural mishap or unfairness.

Redundancy Paystruck out

The tribunal struck out the redundancy claim as speculative and unsupported by evidence. There was no redundancy situation, no closure of workplace, and no dismissal by reason of redundancy. The claimant resigned voluntarily. The reconsideration application was refused as it merely sought to reargue points already considered without demonstrating any procedural error.

Unlawful Deduction from Wagespartly succeeded

The tribunal initially struck out this claim for lack of particulars. On reconsideration, the judge accepted that the claimant's inability to provide full particulars was materially caused by the respondent's failure to provide payslips and pension records. The tribunal found this amounted to a procedural mishap, as the wages claim is inherently document-based. The strike-out was set aside and the claim restored to allow for proper disclosure and particularisation.

Facts

The claimant applied to reconsider a judgment striking out three claims: indirect race discrimination, redundancy pay, and unlawful deduction from wages. The claimant had resigned voluntarily and had been given two opportunities to particularise the claims. The respondent had failed to provide payslips and pension records despite repeated requests, making full particularisation of the wages claim difficult.

Decision

The tribunal refused reconsideration of the indirect race discrimination and redundancy pay strike-outs as the applications merely sought to reargue points already considered. However, the tribunal granted reconsideration of the unlawful deduction from wages claim, finding a procedural mishap because the claimant could not fully particularise the claim without disclosure from the respondent. The wages claim was restored and made subject to case management orders.

Practical note

A tribunal may set aside a strike-out for lack of particulars where the claimant's inability to particularise was materially caused by the respondent's failure to provide disclosure, particularly for inherently document-based claims like unlawful deduction of wages.

Legal authorities cited

Stonehill Furniture Ltd v Phillippo [1983] ICR 556Outasight VB Ltd v BrownWilliams v Ferrosan Ltd [2015] ICR D11Sodexho Ltd v Gibbons [2005] ICR 1647Trimble v Supertravel Ltd [1982] ICR 440

Statutes

Equality Act 2010 s.19

Case details

Case number
2313074/2024
Decision date
6 June 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Sector
hospitality
Represented
Yes

Claimant representation

Represented
Yes
Rep type
lay rep