Mr A Darame v The Trustees of the British Museum: 2201918/2019
EMPLOYMENT TRIBUNALS
Case No 2201918/2019
Between
Mr A DarameClaimantThe Trustees of the British MuseumRespondent
Before
Employment Judge PalcaIn person for claimantMs G Roberts (instructed by Counsel) for respondentDate 4 February 2020
JUDGMENT
The Claimant’s claim that he has been victimized because he committed the protected acts of having raised matters of discrimination with Graham Dunkley (head of security) by email over various dates and because of any other reason save that he had raised a grievance in May 2015 are struck out. The only remaining claim therefore is that the Claimant was subjected to a detriment because he raised a grievance against Mr Paul Maddocks and one other in May 2015.
REASONS
[1]The Case Management Summary dated 13 November 2019 narrowed the Claimant’s claim down to one claim of victimization. The acts of detriment of which the claimant complains both occurred in early April 2019. The Claimant was asked to provide particulars of protected acts on which he relied in support of his claim that he had been treated to his detriment because of protected acts. Apart from the fact that in May 2019 he had lodged a grievance alleging harassment against Mr Maddocks and one other in May 2015, all the protected acts on which the claimant sought to rely post-dated the detriments. They therefore cannot have been the cause of any detrimental treatment, Therefore, the only alleged protected act on which the claimant can rely is the grievance which he submitted in May 2015, and it will be for him to show that the grievance falls within one of the definitions set out in s27(2) of the Equality Act 2010. The other grounds are struck out pursuant to rule 37 of the Employment Tribunal Rules as having no reasonable prospect of success. The allegation that the claimant was subject to victimization because he had made a grievance in 2015 is not struck out, because it will require evidence to examine the nature of the grievance, whether it related to the Equality Act 2010 and whether the alleged detriments he suffered were because he had made the 2015 grievance.