Cases2411944/2023

Claimant v Cegedim E-Business Ltd

2 February 2025Before Employment Judge SlaterManchesterremote video

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalstruck out

Struck out on grounds of no reasonable prospect of success. The tribunal found that the claimant had no reasonable prospect of establishing that he made protected disclosures (no reasonable belief disclosures were in the public interest; matters concerned private grievances). Without protected disclosures, the reason for dismissal could not have been the making of protected disclosures.

Detrimentstruck out

Struck out on grounds of no reasonable prospect of success. Because the tribunal found the claimant had no reasonable prospect of establishing he made protected disclosures, it necessarily followed he had no reasonable prospect of succeeding in complaints of detrimental treatment on the grounds of making protected disclosures.

Direct Discrimination(race)not determined

Strike out application refused. While the claimant had not yet identified facts from which the tribunal could conclude treatment was because of race, discrimination cases are fact-sensitive and evidence may emerge at hearing. The tribunal concluded the claim had little reasonable prospect of success and made a deposit order, but did not strike it out.

Indirect Discrimination(race)not determined

Strike out application refused. The tribunal found potential difficulties in establishing the PCPs and group disadvantage, but could not conclude on limited information that there was no reasonable prospect of success. The tribunal concluded the claim had little reasonable prospect of success and made a deposit order, but did not strike it out.

Facts

The claimant, a Black Nigerian African software tester with less than two years' service, complained about a dog being brought into the office in August 2023 and objected to making voice recordings when analysing software. He sent a lengthy letter on 29 September 2023 which was ambiguous about whether he was resigning or requesting garden leave and severance negotiations. The respondent treated this as a resignation and confirmed this by letter dated 2 October 2023. The claimant had less than two years' service and brought claims of automatic unfair dismissal (protected disclosure), protected disclosure detriment, and direct and indirect race discrimination.

Decision

The tribunal struck out the unfair dismissal and protected disclosure detriment claims on grounds of no reasonable prospect of success, finding the claimant could not establish he made protected disclosures (the matters were private grievances, not in the public interest). The discrimination claims were not struck out but were made subject to deposit orders as having little reasonable prospect of success, as the claimant had not identified facts from which race could be inferred as a reason for treatment.

Practical note

Even grievances relating to cultural differences (attitudes to dogs, concerns about accent) will not constitute protected disclosures unless there is a reasonable belief they are made in the public interest rather than being purely personal complaints.

Legal authorities cited

Ezsias v North Glamorgan NHS Trust [2007] EWCA Civ 330Anyanwu v South Bank Student Union [2001] ICR 391Malik v Birmingham City Council EAT 0027/19

Statutes

ERA 1996 s.43BERA 1996 s.103AEqA 2010 s.19EqA 2010 s.13

Case details

Case number
2411944/2023
Decision date
2 February 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Employment details

Role
Software Testing role

Claimant representation

Represented
No