The claims are struck out because they have no reasonable prospect of success.
REASONS
[1]At a public preliminary hearing which took place today on 2 February 2022, the claimant confirmed that she wished to bring three claims. The first was a claim for unlawful deduction of wages, two other claims are brought under the Equality Act.[2]The claimant confirmed that the outstanding wages that she was seeking had been paid to her on 30 July 2021. I therefore determined that the claim should be struck out as there was no prospect of it succeeding on a legal basis, there was no outstanding money.[3]The claimant had not only failed to make any reference to protected characteristics in her claim form, in answer to the Employment Tribunal order of 21 December 2021 she had stated that she was not relying on any protected characteristics. Her claims under the Equality Act have no basis in law and cannot therefore succeed.[4]For these reasons I have struck out all of the claims.[1]As set out in the judgement, The claimant had not only failed to make any reference to protected characteristics in her claim form, in answer to the Employment Tribunal order of 21 December 2021 she had stated that she was not relying on any protected characteristics. Her claims as brought under the Equality Act cannot succeed.[2]Her application now appears to be a request to further amend the claim to bring one of victimisation. The claimant explains that she considers The respondent has made a presumption that because she made a claim under the Equality Act 2010 to the ET, that also her grievance submitted on 22 October 2021 was in relation to discrimination. She considers that It is due to this that she has received detrimental treatment and the respondent has not conducted their investigations with due diligence and neither has the respondent complied with due process.[3]This is an entirely new claim and was not something that the claimant raised when she had an opportunity to do so. These are points that she would have been aware of at the hearing. They are not relevant to the decision to strike out her existing claims.[4]As the grievance has yet to be concluded it may be possible for the claimant to bring a claim at the end of those proceedings. 11.6C Judgment – Reconsideration refused – claimant - rule 72 Case No: 230 5083/2021