Mr S Elzailaee v Carlisle Support Services Group Ltd: 6013799/2024
JUDGMENT
Following the consideration by Judge Johnson of the preliminary issues at this preliminary hearing and having heard the submissions made by the parties, the following judgment is made:(1) The complaint of age discrimination is struck out in relation to the allegation that the claimant was not offered a permanent position whenever a vacancy arose.(2) This complaint was struck out because it has no reasonable prospect of success, having been originally brought as a complaint under case number 2407401/2023 and which was struck out by Judge Porter on 26 September 2024.(3) Consequently, this complaint must be estopped in these proceedings because of cause of action estoppel.(4) The remaining complaints of age discrimination and victimisation included within the list of issues annexed to the separate Note of Preliminary Hearing are unaffected by this judgment and will proceed to be determined at the final hearing listed to take place on 13, 14 & 15 January 2027. Approved by: