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2501983/2020Partially Successful

The Chief Constable of Cleveland Police and Police and Crime Commissioner for Cleveland

16 December 2021England & WalesEmployment Judge Martin
GOV.UK

Case Summary

This case involves a claimant (Mr M Dias) bringing claims of race discrimination, protected interest disclosure, victimisation, and disability discrimination against his employer (The Chief Constable of Cleveland Police and Police and Crime Commissioner for Cleveland). The tribunal dismissed the race discrimination claim upon withdrawal, dismissed various other claims upon withdrawal by the claimant, and made deposit orders requiring the claimant to pay £650 for each of the remaining claims due to a lack of reasonable prospects of success.

Key Issues

  • The claimant's complaint of race discrimination is dismissed upon withdrawal.
  • The claimant's complaints of protected interest disclosure and victimisation in respect of paragraphs 10A, 10B, 10H and 10M of the Further Particulars dated 30 April 2021 are dismissed upon withdrawal by the claimant.
  • The claimant's complaints of victimisation and protected interest disclosure in respect of paragraph 10K of the Further Particulars dated 30 April 20221 is hereby dismissed. The tribunal does not consider it has any reasonable prospect of success.
  • The claimant is ordered to pay a deposit order in the sum of £650.00 in respect of each of the remaining allegations of protected interest disclosure and victimisation set out at paragraphs 10B, 10D, 10E, 10F, 10G, 10I, 10J, 10K, 10L of the Further Particulars dated 30 April 2021. The claimant is also ordered to pay a deposit order in the sum of £650.00 in respect of his complaint of disability discrimination – reasonable adjustment; making a total deposit order in the sum of £11.050.00.

Claim Types

Cited Laws and Legal Issues

Equality Act 2010 disability discriminationEquality Act 2010

volves a claimant (Mr M Dias) bringing claims of race discrimination, protected interest disclosure, victimisation, and disability discrimination against his employer (The Chief Constable of Cleveland Police and Police and Crime Commissioner for Cleveland).

Equality Act 2010 race discriminationEquality Act 2010

This case involves a claimant (Mr M Dias) bringing claims of race discrimination, protected interest disclosure, victimisation, and disability discrimination against his employer (The Chief Constable of Cleveland Police and Police and Crime Commissioner for Cleveland).

Protected disclosures / whistleblowingEmployment Rights Act 1996

decco Group UK Limited 2001 ICR 1307 where it was held that strike out is not prohibited in discrimination or whistleblowing cases but special care must be taken in such cases as it is rarely appropriate; the question of whether a claim has a reasonable prospect of success which turns on factual issues that are...

Decision Text

1 THE EMPLOYMENT TRIBUNALS Claimant: Mr M Dias First Respondent: The Chief Constable of Cleveland Police Second Respondent: Police & Crime Commissioner for Cleveland Heard at: Newcastle upon Tyne Hearing Centre by CVP On: 1 st & 2 nd November 2021 Before: Employment Judge Martin Representation: Claimant: Mr A Rathmel (Counsel) First Respondent: Mr A Moon QC (Counsel) Mr G Powell (Counsel) Second Respondent: Mr S Naughton This case was heard by way of Cloud Video Platform (CVP) due to the on-going Coronavirus pandemic. The parties agreed to the case being heard by way of CVP. RESERVED JUDGMENT 1. The claimant’s complaint of race discrimination is dismissed upon withdrawal. 2. The claimant’s complaints of protected interest disclosure and victimisation in respect of paragraphs 10A, 10B, 10H and 10M of the Further Particulars dated 30 April 2021 are dismissed upon withdrawal by the claimant. 3. The claimant’s complaints of victimisation and protected interest disclosure in respect of paragraph 10K of the Further Particulars dated 30 April 20221 is hereby dismissed. The tribunal does not consider it has any reasonable prospect of success. 4. The claimant is ordered to pay a deposit order in the sum of £650.00 in respect of each of the remaining allegations of protected interest disclosure and victimisation set out at paragraphs 10B, 10D, 10E, 10F, 10G, 10I, 10J, 10K, 10L of the Further Particulars dated 30 April 2021. The claimant is also ordered to pay a deposit order in the sum of £650.00 in respect of his complaint of disability discrimination – reasonable adjustment; making a total deposit order in the sum of £11.050.00. 2 This tribunal considers that the claimant has little prospect of success in relation to those complaints. REASONS Intr...

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Employer

Respondent

The Chief Constable of Cleveland Police and Police and Crime Commissioner for Cleveland

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Case Details

Case Number
2501983/2020
Tribunal
Employment Tribunal
Level
First instance
Decision Date
16/12/2021
Published
20/04/2022
Jurisdiction
England & Wales
Judge
Employment Judge Martin