Claimant v Girls Learning Trust (operating as Carshalton High School for Girls)
Outcome
Individual claims
Tribunal found there is a reasonable prospect of success. The claimant argues scoring sheets may be a pretext for discrimination and that cross-examination may reveal bias. The judge found this is a factual dispute that should be tested at a full hearing rather than struck out, though deposit order was made given little reasonable prospect of success.
Tribunal found claim should not be struck out as it is not beyond the realms of possibility that previous employer Harris Academy was contacted and disclosed disability information during the 7-day gap between shortlisting decisions. This factual dispute should be tested in cross-examination, though deposit order was made given little reasonable prospect of success.
Tribunal found claim should not be struck out. Claimant argues previous employer told respondent about his discrimination claims against them during recruitment process. While evidence is weak, tribunal found this argument is not out of the realms of possibility and should be tested in cross-examination, though deposit order was made given little reasonable prospect of success.
Facts
Claimant applied for a science teacher position at respondent school by the deadline of 23 January. He was not shortlisted on 23 January, then reconsidered on 30 January after a delay blamed on Ofsted inspection, and again not shortlisted. Of four applicants (two white, one Asian, one black), two were shortlisted (one black, one white). Claimant alleges his previous employer Harris Academy was contacted during this period and disclosed his disabilities and ongoing discrimination claims against them, which influenced the decision not to shortlist him.
Decision
Tribunal dismissed respondent's strike-out application. While finding claimant more likely than not to fail, the judge held the claims were not beyond reasonable prospects of success. The race discrimination claim could reveal bias through cross-examination of those scoring applications. The disability and victimisation claims, though weak, raised factual disputes about possible contact with previous employer that should be tested at trial. Deposit orders of £1,000 per claim were made.
Practical note
Even where a claimant's case appears weak and speculative, tribunals will be cautious about striking out discrimination claims, preferring to test factual disputes through cross-examination at a full hearing, while using deposit orders to reflect limited prospects of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2304490/2023
- Decision date
- 24 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Teacher of Science
Claimant representation
- Represented
- No