Handsale Ltd

Case Summary

Mrs S Sibanda claimed against Handsale Limited for various breaches including defamation, health and safety, data protection, human rights, and race discrimination. The tribunal struck out several claims for lack of jurisdiction and struck out the direct race discrimination claim as having no reasonable prospect of success, allowing it to proceed only as religious belief discrimination and/or harassment.

The tribunal struck out claims for defamation, health and safety, data protection, and human rights breaches because the employment tribunal lacks jurisdiction to hear such claims. The direct race discrimination claim was struck out as having no reasonable prospect of success because the claimant's own factual allegation showed her black colleague was treated more favourably, which cannot constitute direct race discrimination against the claimant.

• •Jurisdiction to hear claims in defamation, breach of Health and Safety Act 1974, breach of Data Protection Act 2018, and breach of Article 6 Human Rights Act
• •Whether claim of direct race discrimination has reasonable prospect of success
• •Direct religious belief discrimination and harassment claims

1 of 2 Sept 2023 EMPLOYMENT TRIBUNALS Claimant: Mrs S Sibanda Respondent: Handsale Limited Heard at: Newcastle Under - Lyme Method: In person On: 30 and 31 March 2026 Before: Employment Judge Smart in public Appearances: For the Claimant: No attendance but provided written submissions For the Respondent: Mrs A K Singh (Solicitor) JUDGMENT OF THE EMPLOYMENT TRIBUNAL WITH SUMMARY REASONS 1. The Claim of defamation is struck out. The tribunal has no jurisdiction to hear that claim. 2. The Claim for a breach of the health and safety Act 1974 is struck out because the Tribunal has no jurisdiction to hear that claim. 3. The claim for breach of the Data Protection Act 2018 is struck out because the Tribunal has no jurisdiction to hear that claim. 4. The Claim for a breach of “Article 6 of the Human Rights Act” is struck out because the tribunal has no jurisdiction to hear that claim either under the European Convention on Human Rights or the Human Rights Act 1998. 5. As an allegation of direct race discrimination, the claim listed at paragraph 2c of the Claimant’s draft list of issues is struck out because it has no reasonable prospect of success. The Claimant described a scenario where her black colleague comparator was treated more favourably than she was. That factual allegation 2 of 2 Sept 2023 cannot therefore amount to direct race discrimination. It can continue as direct religious belief discrimination and/or harassment. 6. The Respondent withdrew the remainder of its application for a strike out or deposit order for those items that remain in the list of issues. Order approved by: Employment Judge G Smart On 15 April 2026 These written reasons are summary reasons. If any party would like full written reasons they can apply for them in writing within 14 days of the sum…