Claimant v Secretary of State for Justice
Outcome
Individual claims
The tribunal determined that the claim under section 15 of the Equality Act 2010 (discrimination arising from disability) had no reasonable prospect of success and was struck out under rule 38.
The tribunal determined that the claim under section 19 of the Equality Act 2010 (indirect discrimination) had no reasonable prospect of success and was struck out under rule 38.
The tribunal determined that the claim under section 20 of the Equality Act 2010 (failure to make reasonable adjustments) had no reasonable prospect of success and was struck out under rule 38.
Facts
Mr Baines brought claims against the Secretary of State for Justice alleging disability discrimination under sections 15, 19 and 20 of the Equality Act 2010. The matter came before Employment Judge Barker at a hearing in Liverpool conducted by video. Both parties were represented by counsel.
Decision
The tribunal struck out all three claims for disability discrimination (discrimination arising from disability, indirect discrimination, and failure to make reasonable adjustments) on the basis that they had no reasonable prospect of success under rule 38 of the Employment Tribunals Rules of Procedure 2024. The entire claim was dismissed.
Practical note
All three disability discrimination claims were struck out at a preliminary hearing on the basis they had no reasonable prospect of success, demonstrating the tribunal's willingness to use its strike-out powers even when the claimant is legally represented.
Legal authorities cited
Statutes
Case details
- Case number
- 2402698/2024
- Decision date
- 31 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister