Mr S Kabil and Ms Florette Williams v Capita Customer Management Ltd: 1802404/2018 and 1802405/2018
JUDGMENT
The claims for sex discrimination (equal pay) are struck out on the grounds that they have no reasonable prospect of success, and the claimants have failed actively to pursue them.REASONS
[1]The claimants are a man and a woman. They complain of sex discrimination in respect of a failure to pay them as others who are doing what they contend is work of equal value.[2]The claim was listed for a preliminary hearing to consider whether these complaints should be struck out, as it was not apparent how a claim could be based upon a difference relating to gender when both claimants are of different sexes. There was no suggestion that one was a “piggy back” claim.[3]The claimants did not attend this preliminary hearing. On 15 June 2018 Mr Kabil sent an email asking how he cancelled his claim. Case Nos. 1802404/2018 1802405/2018[4]In the circumstances the Tribunal was not satisfied there were reasonable prospects of success as there was no gender discrimination apparent from the claim form or any further explanation provided, and it would appear that the claimants do not wish to further their claim and are not actively pursuing it.