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6021950/2024Struck Out

Rendall and Rittner Ltd

27 August 2025England & WalesEmployment Judge Brain
GOV.UK

Case Summary

The case involved claims of disability discrimination, victimisation, and breach of the sex equality clause. The tribunal struck out all these complaints due to lack of reasonable prospects for success.

Key Issues

  • failure to make reasonable adjustments about the use of a non-flushing toilet and the requirement for the claimant to take his breaks in his office (disability discrimination)
  • victimisation (no protected act as required by section 27(1) of the Equality Act 2010)
  • breach of the sex equality clause (no comparator of the opposite sex engaged in equal work)

Claim Types

Discrimination Disability

Decision Text

1 EMPLOYMENT TRIBUNALS Claimant: Mr E Ngassa Respondent: Rendall and Rittner Ltd Heard at: Sheffield in public On: 27 August 2025 Before: Employment Judge Brain Appearances For the claimant: In person For the respondent: Mrs M Peckham, solicitor PRELIMINARY HEARING IN PUBLIC JUDGMENT 1. Claim number 1808711/2024 (to which the parties are privy) having been withdrawn by the claimant on 17 October 2024 but not having been dismissed by the Tribunal, no cause of action estoppel or issue estoppel arises upon the claimants complaints brought pursuant to Part II of the Employment Rights Act 1996 and the claimant may pursue those complaints. 2. The complaint of disability discrimination (by way of an alleged failure to make reasonable adjustments about the use of a non-flushing toilet and the requirement for the claimant to take his breaks in his office) brought pursuant to the Equality Act 2010 (the 2010 Act) is struck out under rule 38(1)(a) of Employment Tribunal Procedure Rules (‘Rule 38(1)(a)’) because it has no reasonable prospect of success. 3. The complaint of victimisation brought pursuant to the 2010 Act is struck out under Rule 38(1)(a) because it has no reasonable prospect of success, the claimant not having done a protected act as required by section 27(1) of the 2010 Act. 4. The complaint of a breach of the sex equality clause brought pursuant to section 127 of the 2010 Act is struck out under Rule 38(1)(a) because it has no reasonable prospect of success, the claimant having no comparator of the opposite sex engaged in equal work to him. 2 5. There being no extant claim of discrimination because of the protected characteristic of race, no order is made upon the respondent’s application (in paragraph 16 of the grounds of resistance) to strike out such a claim under Rule ...

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Employer

Respondent

Rendall and Rittner Ltd

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Case Details

Case Number
6021950/2024
Decision Date
27/08/2025
Published
09/09/2025
Jurisdiction
England & Wales
Judge
Employment Judge Brain