Outcome
Individual claims
The complaint at paragraph 2.2 of the further particulars was struck out at a preliminary hearing under Rule 38(1)(a) because the tribunal determined it had no reasonable prospect of success.
The complaint at paragraph 2.5 of the further particulars was struck out at a preliminary hearing under Rule 38(1)(a) because the tribunal determined it had no reasonable prospect of success.
The complaints at paragraphs 2.1, 2.3, 2.4 and 2.6 of the further particulars remain listed for a future hearing and have not yet been determined on their merits.
The wrongful dismissal claim remains listed for a future hearing and has not yet been determined on its merits.
Facts
Samuel Lee brought multiple claims of sex discrimination and wrongful dismissal against Pembrokeshire College. At a preliminary hearing, the respondent applied to strike out certain aspects of the sex discrimination claims. The judgment deals only with the preliminary issue of whether certain complaints should be struck out.
Decision
The tribunal struck out two specific allegations of sex discrimination (paragraphs 2.2 and 2.5 of the further particulars) on the basis they had no reasonable prospect of success. Four other sex discrimination allegations (paragraphs 2.1, 2.3, 2.4 and 2.6) and the wrongful dismissal claim remain to be heard at a future hearing.
Practical note
At preliminary hearings, tribunals can strike out specific allegations within discrimination claims where those particular allegations have no reasonable prospect of success, while allowing other aspects of the claim to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 1604159/2024
- Decision date
- 2 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No