Mr O A Osinubi v Newcross Healthcare Solution: 4102920/2025
[1]The claimant’s claim for ordinary unfair dismissal is struck out under Rule 38 of the Employment Tribunal Rules of Procedure 2024 as the claimant does not have the requisite two years’ service to raise this claim.[2]The respondent’s application under Rule 38(1)(a) to strike out the protected disclosure claim (automatic unfair dismissal and detriment) and discrimination claim (direct race discrimination, harassment and victimisation) is unsuccessful.[3]The respondent’s application for a deposit order under Rule 40 is granted as it relates to the claims of direct race discrimination, harassment and victimisation on the basis that there is little reasonable prospects of success for these three claims.[4]The claimant is ordered to pay a deposit of £100 per discrimination claim, that is £100 for the direct discrimination claim, £100 for the harassment claim and £100 for the victimisation claim. This must be paid within 21 days.[5]If the claimant fails to pay the deposits within the above time frame, the Tribunal under Rule 40(4) must strike out those parts of the claim. If the claimant decides to pay one or two out of the three deposits, he should confirm which claims the deposits relate to.[6]If following the final hearing the Tribunal finds that there was no direct discrimination, harassment or victimisation, Rule 40(7) requires that the claimant must be treated as acting unreasonably for pursuing those claims for the purpose of any expenses application made by the respondent, unless the contrary can be shown, and the deposit must be paid to the respondent. An Oral Judgment with summary reasons was delivered at the hearing and accordingly no written summary reasons are attached to the note. Should either party require the provision of written summary reasons they can apply in writing within 14 days of receipt of this judgment under Rule 60 of the Employment Tribunal Procedure Rules 2024. Either party can seek reconsideration of this judgment under Rule 68 of the Employment Tribunal Procedure Rules 2024. An application should be made in writing within 14 days of the judgment setting out why it is necessary in the interests of justice to reconsider it. Date of the judgment 10 June 2026_________