Claimant v The Scottish Ministers

Outcome

Facts

The claimant, an employee of Scottish Ministers, brought claims of direct sex and disability discrimination under section 13 of the Equality Act 2010. She remained employed by the respondent throughout the proceedings. The respondent disputed disability status and knowledge. Following a preliminary hearing in August 2023, the claimant provided further particulars and withdrew her pregnancy/maternity claims. The respondent then applied to strike out the remaining claims or obtain a deposit order, arguing the claims had no reasonable prospects of success, citing deficiencies in pleading of comparators, knowledge of disability, and time-bar issues. The claimant represented herself and was seeking but had not yet obtained legal advice from her union.

Decision

The tribunal refused both the strike-out application under Rule 37 and the deposit order application under Rule 39. Employment Judge Kemp held that there was a core of disputed fact that made these discrimination claims unsuitable for summary disposal at a preliminary stage. The judge emphasised the high threshold for striking out discrimination claims, noted the claimant's status as a litigant in person with limited pleading skills, and concluded that the issues of appropriate comparators, knowledge of disability, and conduct extending over a period were fact-sensitive matters best determined at a full merits hearing after evidence had been heard. The judge made clear this was not a finding that the claims were likely to succeed.

Practical note

Legal authorities cited