Milton Keynes City Council

Case Summary

Employment Judge Annand refused the respondent's application to strike out the claimant's claims for unfair dismissal and direct race discrimination on the basis that they had no reasonable prospects of success, and also refused the alternative application for a deposit order. The case was dismissed from consideration at this strike-out stage and is now to proceed to a preliminary hearing for case management.

The Employment Judge refused the strike-out application, finding that although the respondent argued the claims had no reasonable prospects of success, the case involved disputed facts particularly regarding the race discrimination claim (treatment during disciplinary investigation, use of red pen on board, quarantine role), and following guidance in Spaceman v ISS Mediclean Ltd and Sharma v New College Nottingham, tribunals should be wary of striking out discrimination claims based solely on documentary evidence where key facts are in dispute.

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• •Whether claimant's unfair dismissal claim has reasonable prospects of success
• •Whether claimant's direct race discrimination claim has reasonable prospects of success
• •Application to strike out claims under Rule 39
• •Alternative application for deposit order under Rule 40

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