Claimant v C Legal LLP
Outcome
Individual claims
This was a preliminary hearing on strike-out applications. The tribunal found that the claimant had pleaded facts which, if proven, could allow inferences of discrimination to be drawn, and therefore the claim had a reasonable prospect of success. The merits have not yet been determined.
This was a preliminary hearing on strike-out applications. The tribunal found that the claimant had pleaded facts which, if proven, could allow inferences of discrimination to be drawn, and therefore the claim had a reasonable prospect of success. The merits have not yet been determined.
The harassment claim was not separately analysed at this preliminary hearing. The tribunal refused the respondent's strike-out application on all claims, finding they had reasonable prospects of success.
The victimisation claim was not separately analysed at this preliminary hearing. The tribunal refused the respondent's strike-out application on all claims, finding they had reasonable prospects of success.
The claimant brings complaints of protected disclosure detriments. The tribunal refused the respondent's strike-out application on all claims, finding they had reasonable prospects of success.
Facts
The claimant, Mr Naghdi, brought claims of race and religion discrimination, harassment, victimisation and whistleblowing detriments against multiple respondents including two law firms and individual partners. The respondent applied to strike out the claim as having no reasonable prospect of success. The claimant counter-applied to strike out the response on grounds of unreasonable conduct, including improper redaction of privileged documents without transparency, and intimidation of a former employee witness through heavy-handed correspondence threatening regulatory action.
Decision
The tribunal refused both strike-out applications. The respondent's application failed because the claimant had pleaded facts which, if proven, could allow a tribunal to draw inferences of discrimination, giving the claim reasonable prospects. The claimant's application failed because, despite finding one breach of disclosure orders and unreasonable conduct toward a witness, strike-out would be disproportionate and a fair trial remained possible given the available documentary evidence.
Practical note
At preliminary hearings on strike-out applications, tribunals will take claimants' pleaded facts at their highest and will not conduct a mini-trial; even where a respondent has breached disclosure obligations and acted unreasonably toward witnesses, strike-out will only be ordered if a fair trial is no longer possible and the remedy is proportionate.
Legal authorities cited
Statutes
Case details
- Case number
- 2216936/2023
- Decision date
- 21 March 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- C Legal LLP
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No