Claimant v London Underground Limited
Outcome
Individual claims
The tribunal struck out the unfair dismissal complaint on the basis that it has no reasonable prospect of success under Rule 38(1)(a) of The Employment Tribunal Procedure Rules 2024.
The tribunal struck out the breach of contract (notice pay) complaint on the basis that it has no reasonable prospect of success under Rule 38(1)(a) of The Employment Tribunal Procedure Rules 2024.
The tribunal declined to strike out the direct disability discrimination complaint under section 13 of the Equality Act 2010, finding it has sufficient prospect of success to proceed to full hearing.
The tribunal declined to strike out the discrimination arising from disability complaint under section 15 of the Equality Act 2010, and it will proceed to full hearing scheduled for July 2025.
The tribunal declined to strike out the indirect disability discrimination complaint under section 19 of the Equality Act 2010, and it will proceed to full hearing.
The tribunal declined to strike out the reasonable adjustments complaint under sections 20 and 21 of the Equality Act 2010, finding sufficient merit to proceed to full hearing.
The tribunal declined to strike out the harassment complaint under section 26 of the Equality Act 2010, and it will proceed to full hearing scheduled for July 2025.
Facts
This case involves a claim brought by the personal representatives of Ian McCrow (suggesting he is deceased) against London Underground Limited and three individual respondents. The claim included complaints of unfair dismissal, breach of contract for notice pay, and various disability discrimination claims under the Equality Act 2010. At a preliminary hearing, the respondents applied to strike out certain claims.
Decision
The tribunal struck out the unfair dismissal and breach of contract claims for having no reasonable prospect of success under Rule 38(1)(a). However, all disability discrimination claims (direct discrimination, discrimination arising from disability, indirect discrimination, failure to make reasonable adjustments, and harassment) were allowed to proceed to a full merits hearing scheduled for July 2025.
Practical note
Employment tribunals will strike out claims with no reasonable prospect of success at preliminary hearings, but disability discrimination claims require careful scrutiny and are less likely to be struck out where there is any arguable case to be made.
Legal authorities cited
Statutes
Case details
- Case number
- 3202217/2023
- Decision date
- 28 May 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister