Mrs S Sibanda v Handsale Ltd: 1305237/2023

EMPLOYMENT TRIBUNALS
Case No 1305237/2023
Mrs S SibandaClaimantHandsale LimitedRespondent
Employment Judge Smart in publicNot represented for claimantMrs A K Singh (instructed by Solicitor) for respondentDate 15 April 2026

JUDGMENT

[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 1 of 2 Sept 2023 Case Number: 1305237/2023 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: