Cases2204192/2022

Claimant v Holding Creatives Limited t/a Peter Mikic Interiors

25 July 2024Before Employment Judge KhanLondon Centralin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

The tribunal found the allegations to be inherently implausible and unsupported by evidence. The claimant alleged colleagues called him offensive names daily for five months, but audio recordings provided were inaudible and inconclusive. Other race-related allegations were not properly linked to the claimant's own race or were objectively not derogatory.

Direct Discrimination(religion)struck out

The tribunal found no reasonable prospect of success because the claimant admitted he did not disclose his Buddhist background to anyone at the respondent, making it implausible that colleagues could have made discriminatory remarks about his religion.

Direct Discrimination(age)struck out

The tribunal found that allegations about colleagues discussing women at a social event or calling the claimant a 'dirty old man' were either not properly linked to age as a protected characteristic or were inherently implausible, with no reasonable prospect of establishing discrimination.

Direct Discrimination(sex)struck out

The tribunal found the allegations were not properly linked to the claimant's sex but rather to alleged beliefs about him being homophobic or other unprotected characteristics. The conduct complained of did not amount to less favourable treatment because of sex.

Direct Discrimination(sexual orientation)struck out

The tribunal found the allegations related to alleged entrapment regarding homophobia but were not actually because of or related to the claimant's sexual orientation, and were inherently implausible with no reasonable prospect of success.

Harassment(race)struck out

The tribunal found that statements like 'Italians are nice' were not objectively derogatory or offensive and could not amount to harassment. The claimant's allegations were not properly related to his own race and the claimed effect (entrapment into xenophobia) did not satisfy the statutory test.

Harassment(religion)struck out

The allegations were struck out for the same reasons as the direct discrimination claims based on religion - the claimant had not disclosed his religious background making the alleged harassment implausible.

Harassment(age)struck out

The allegations about being called a 'dirty old man' were found to be inherently implausible, particularly the claim that such conduct continued throughout employment, and had no reasonable prospect of establishing harassment related to age.

Harassment(sex)struck out

The allegations were not properly related to sex but to alleged beliefs about the claimant being homophobic or a sexual predator. The conduct complained of did not satisfy the statutory test for harassment.

Harassment(sexual orientation)struck out

The allegations about entrapment regarding homosexuality were found to be inherently implausible and not properly related to the claimant's sexual orientation but rather to alleged beliefs about him being homophobic.

Victimisationstruck out

The tribunal found no reasonable prospect that any of the five alleged protected acts relied on by the claimant amounted to protected acts. The statements and emails complained of did not include express or implicit allegations of a breach of the Equality Act or anything done for purposes connected with the Act.

Facts

The claimant, a litigant in person who did not attend the hearing, brought multiple claims of discrimination, harassment and victimisation based on race, religion, age, sex and sexual orientation. His allegations included that 30 colleagues called him offensive names daily for five months, that colleagues made derogatory comments to entrap him into being xenophobic or homophobic, and that he had made protected disclosures in various emails. The claimant had been employed for approximately five months. Audio recordings he provided to support his claims were found to be inaudible and inconclusive.

Decision

Employment Judge Khan struck out the vast majority of the claimant's discrimination, harassment and victimisation claims under rule 37 on the basis they had no reasonable prospect of success. The tribunal found the allegations were either inherently implausible, not properly linked to protected characteristics, or (in the case of victimisation) did not amount to protected acts as they contained no allegations of breach of the Equality Act. The judge noted that despite being a litigant in person who had received extensive case management assistance, the claims were plainly misconceived.

Practical note

Even for litigants in person, discrimination claims will be struck out at preliminary hearing where allegations are inherently implausible, unsupported by evidence, or fundamentally misconceived in not linking alleged conduct to protected characteristics or establishing protected acts.

Legal authorities cited

White v HC-Oval Ltd [2022] IRLR 576GMB v Henderson [2016] IRLR 340Nagarajan v London Regional Transport [2000] 1 AC 501O'Neill v Governors of St Thomas More RC Voluntarily Aided Upper School [1997] ICR 33Hemdan v Ishmail [2017] IRLR 228Sharma v New College Nottingham UKEAT/0287/11Van Rensburg v Royal Borough of Kingston-upon-Thames UKEAT/0096/07Bennett v Southwark London Borough Council [2002] ICR 881ET Marker Ltd v Robertson [1974] ICR 72Attorney General v Barker [2000] 1 FL 759Mbiusa v Cygnet Healthcare Ltd UKEAT/0119/18Cox v Adecco and ors UKEAT/0339/19Anyanwu v South Bank Student Union [2001] ICR 391A v B [2011] EWCA Civ 1378North Glamorgan NHS Trust v Ezsias [2007] ICR 1126

Statutes

EqA 2010 s.26EqA 2010 s.13ET Rules 2013 r.47ET Rules 2013 r.39ET Rules 2013 r.38ET Rules 2013 r.37EqA 2010 s.27

Case details

Case number
2204192/2022
Decision date
25 July 2024
Hearing type
preliminary
Hearing days
1
Classification
procedural

Respondent

Sector
professional services
Represented
Yes
Rep type
barrister

Employment details

Service
5 months

Claimant representation

Represented
No