Cases2221318/2024

Claimant v Imperial College of Science, Technology and Medicine

Outcome

Claimant fails

Individual claims

Detrimentstruck out

Claimant failed to identify any qualifying disclosure under section 43B ERA 1996. No information was specified as disclosed, nor to whom, nor when. The claimant did not explain the belief that the disclosure was in the public interest or that the belief was reasonable. Additionally, time limits were not addressed. The tribunal concluded there were no reasonable prospects of success and struck the claim out.

Direct Discrimination(race)struck out

The claimant alleged the non-renewal of her contract was because she is Palestinian. However, she provided no basis beyond assertion to show race discrimination. She did not discharge the initial burden of proof under section 13 of the Equality Act 2010. The tribunal found no facts beyond difference in protected characteristic and difference in treatment (Madarassy test not met). No reasonable prospects of success.

Direct Discrimination(age)struck out

The claimant did not provide her date of birth or identify a particular age group. Her allegation was that the refusal to extend her contract was not directly because of her age, but because she allegedly found it difficult to comply with feedback from younger staff. This does not constitute direct age discrimination under section 13 of the Equality Act 2010. No reasonable prospects of success.

Otherstruck out

Claimant's complaint of less favourable treatment due to fixed-term employee status under regulation 3 of the Fixed-Term Employees Regulations 2002 was struck out. She failed to allege that the treatment was 'on the ground that the employee is a fixed-term employee'. She gave various reasons for non-renewal (lack of funds, nationality, age) but did not link any less favourable treatment to her fixed-term status. No reasonable prospects of success.

Facts

Dr. Abuhaloob was employed by Imperial College as a Research Associate on a fixed-term contract from 19 June 2023 to 18 March 2024. Her contract was not renewed. She alleged this was due to her nationality (Palestinian), age, fixed-term status, and/or whistleblowing. She applied for redeployment but was unsuccessful. The respondent stated the non-renewal was due to lack of funds and that she had not been appointed via a competitive process.

Decision

The tribunal struck out all claims under rule 38(1)(a) as having no reasonable prospects of success. The claimant failed to identify any qualifying disclosure for her whistleblowing claim, did not show that treatment was 'because of' race or age for discrimination claims, and did not allege that less favourable treatment was on the ground of her fixed-term employee status. The tribunal also refused permission to amend the claim.

Practical note

A litigant in person must still identify the essential legal elements of their claims: for whistleblowing, a qualifying disclosure; for discrimination, treatment 'because of' the protected characteristic; for fixed-term worker claims, treatment 'on the ground of' fixed-term status. Assertions alone are insufficient.

Legal authorities cited

Madarassy v Nomura International Plc [2007] ICR 867Chesterton Global Ltd v Nurmohamed [2018] ICR 731Cox v Adecco [2021] ICR 1307Anyanwu and anor v South Bank Student Union and anor 2001 ICR 391Ezsias v North Glamorgan NHS Trust 2007 ICR 1126Selkent Bus Co Ltd v Moore 1996 ICR 836

Statutes

Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 reg 6ERA 1996 s.43BERA 1996 s.103AEquality Act 2010 s.13ERA 1996 s.47BFixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 reg 3

Case details

Case number
2221318/2024
Decision date
28 April 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Employment details

Role
Research Associate
Service
9 months

Claimant representation

Represented
No