Cases1305261/2024

Claimant v Sainsburys Supermarkets Ltd

8 May 2025Before Employment Judge Jonathan GidneyMidlands Westin person

Outcome

Other

Individual claims

Direct Discrimination(race)not determined

This claim was permitted to proceed to trial following the preliminary hearing. It was not struck out and remains live for determination at full merits hearing.

Direct Discrimination(religion)not determined

This claim was permitted to proceed to trial following the preliminary hearing. It was not struck out and remains live for determination at full merits hearing.

Harassment(race)not determined

This claim was permitted to proceed to trial following the preliminary hearing. It was not struck out and remains live for determination at full merits hearing.

Harassment(religion)not determined

This claim was permitted to proceed to trial following the preliminary hearing. It was not struck out and remains live for determination at full merits hearing.

Direct Discrimination(disability)struck out

The tribunal struck out this claim at the preliminary hearing. The judgment does not provide detailed reasoning but indicates it was struck out and/or an application to amend to include it was refused.

Failure to Make Reasonable Adjustments(disability)struck out

The tribunal struck out this claim at the preliminary hearing. The judgment does not provide detailed reasoning but indicates it was struck out and/or an application to amend to include it was refused.

Discrimination Arising from Disability (s.15)(disability)struck out

The tribunal struck out this claim at the preliminary hearing. The judgment does not provide detailed reasoning but indicates it was struck out and/or an application to amend to include it was refused.

Wrongful Dismissalstruck out

The tribunal struck out this claim at the preliminary hearing. The judgment does not provide detailed reasoning but indicates it was struck out and/or an application to amend to include it was refused.

Unlawful Deduction from Wagesstruck out

The tribunal struck out this claim at the preliminary hearing. The judgment does not provide detailed reasoning but indicates it was struck out and/or an application to amend to include it was refused.

Holiday Paystruck out

The tribunal struck out this claim at the preliminary hearing. The judgment does not provide detailed reasoning but indicates it was struck out and/or an application to amend to include it was refused.

Facts

Rabar Mahmood brought multiple claims against Sainsburys Supermarkets Ltd including race and religion discrimination, disability discrimination, wrongful dismissal, and wage-related claims. A preliminary hearing was held to determine which claims should proceed. The claimant appeared in person while the respondent was represented by counsel.

Decision

The tribunal struck out six claims (all disability-related claims, wrongful dismissal, unlawful deductions from wages, and holiday pay) and/or refused applications to amend to include them. Four claims were permitted to proceed: direct race discrimination, direct religion/belief discrimination, and harassment related to both race and religion/belief.

Practical note

At preliminary hearings, tribunals will scrutinize claims and may strike out those lacking merit or refusing amendments, particularly where claimants are unrepresented and the pleadings may be deficient.

Case details

Case number
1305261/2024
Decision date
8 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No