Claimant v The Supply Register Limited

The claimant speculated the respondent preferred younger candidates but provided no facts to support this, merely speculation based on having provided his passport. The tribunal found this pure speculation insufficient to establish prima facie discrimination. The claim was conclusively disproved by contemporaneous documents showing the claimant had not completed the reference requirements necessary for appointment.

The claimant alleged the respondent assumed he was Christian (due to his first name 'Godwill') or Muslim (due to his beard) and discriminated on this basis. The tribunal found this pure speculation with no facts from which discrimination could be inferred, insufficient to shift the burden of proof. The claim had no reasonable prospect of success.

The claimant alleged the respondent perceived him as 'not being bi enough' or 'very straight' or 'very gay', but could not explain what led to this perception. The tribunal found this pure speculation with no facts supporting the allegation and no comparator identified. The claim had no reasonable prospect of success.

The claimant, of German nationality and mixed white/African heritage, speculated the respondent 'did not like mixed-heritage Germans' and could 'get away with' discriminating due to low numbers of such applicants. The tribunal found this pure speculation with no supporting facts, conclusively disproved by contemporaneous documents showing non-discriminatory reasons for non-appointment.

The claimant relied on a double disc hernia. Taking the claimant's case at its highest (assuming disability status and respondent knowledge), the tribunal found the claim was based on speculation that the respondent 'might have been motivated to act in a discriminatory way'. The claim was conclusively disproved by contemporaneous documents showing the claimant had not provided required references covering the two-year period.