Concentrix CVG Intelligent Contact Ltd

Case No: 2403945/2020 EMPLOYMENT TRIBUNALS Claimant: Mr C Stewart Respondent: Concentrix CVG Intelligent Contact Limited Heard at: Manchester On: 2 March 2021 Before: Employment Judge Ainscough (sitting alone) Representation Claimant: In person Respondent: Mr Russell (Solicitor) JUDGMENT (1) The respondent’s application to strike out the claims is refused. (2) The respondent’s application for a deposit order is refused. REASONS (1) The respondent applied to strike out the claimant's race discrimination claim and in the alternative, a deposit order. (2) Rule 37 of the Employment Tribunal’s (Constitution and Rules of Procedure) Regulations 2013 provides: “(1) At any stage of the proceedings, either on its own initiative or on the application of a party, a Tribunal may strike out all or part of a claim or response on any of the following grounds— (a) that it is scandalous or vexatious or has no reasonable prospect of success; Case No: 2403945/2020 (b) that the manner in which the proceedings have been conducted by or on behalf of the claimant or the respondent (as the case may be) has been scandalous, unreasonable or vexatious; (c) for non-compliance with any of these Rules or with an order of the Tribunal; (d) that it has not been actively pursued; (e) that the Tribunal considers that it is no longer possible to have a fair hearing in respect of the claim or response (or the part to be struck out). (2) A claim or response may not be struck out unless the party in question has been given a reasonable opportunity to make representations, either in writing or, if requested by the party, at a hearing. (3) Where a response is struck out, the effect shall be as if no response had been presented, as set out in rule 21 above.” (3) Rule 39 of the Regulations provides: “(1) Where at a preliminary hearing (under rule 53) the Tribun...