Claimant v On A Roll Sandwich Company Limited
Outcome
Individual claims
The claim was struck out under Employment Tribunal Rule 38(1)(a) on the basis that it was vexatious. The tribunal determined the claim had no reasonable prospect of success and was brought for an improper purpose or in an improper manner.
The claim was struck out under Employment Tribunal Rule 38(1)(a) on the basis that it was vexatious. The tribunal determined the claim had no reasonable prospect of success and was brought for an improper purpose or in an improper manner.
Facts
Mr Mubin brought claims of direct race discrimination and direct disability discrimination against his former employer, On A Roll Sandwich Company Limited. The claimant appeared in person while the respondent was represented by counsel. The case was heard at a preliminary hearing to consider whether the claims should be struck out.
Decision
Employment Judge Arullendran struck out both claims under Rule 38(1)(a) on the grounds that they were vexatious. The tribunal determined that both the race discrimination and disability discrimination claims had no reasonable prospect of success and were brought improperly.
Practical note
Tribunals have the power to strike out claims as vexatious under Rule 38(1)(a) even at an early stage if satisfied the claims have no merit and are brought for improper purposes.
Legal authorities cited
Statutes
Case details
- Case number
- 6015133/2024
- Decision date
- 7 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No