Claimant v Government Legal Department
Outcome
Individual claims
The tribunal struck out the victimisation claim against the second respondent under Rule 38(1)(a) on the basis that it had no reasonable prospect of success at a preliminary hearing.
Facts
The claimant, Mr van der Wal, brought a claim for victimisation against two respondents: the Government Legal Department and Ms M Nebhrajani (an individual). The claimant appeared unrepresented at a preliminary hearing conducted remotely. The respondents were represented by counsel.
Decision
The tribunal struck out the victimisation claim against the second respondent (Ms Nebhrajani) under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. No reasons were provided in this judgment record for why the claim was deemed to have no reasonable prospect.
Practical note
A claimant pursuing a victimisation claim against an individual respondent must demonstrate reasonable prospects of establishing the elements of victimisation, otherwise the claim is vulnerable to strike out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2217756/2024
- Decision date
- 14 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No