Claimant v Compass Group UK and Ireland Ltd
Outcome
Individual claims
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.
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.
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
Statutes
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