Mr A Gharabli v Cedar Hope Care Service: 6015157/2024
JUDGMENT
[1]The complaints of discrimination because of gender reassignment, whistleblowing, and victimisation have no reasonable prospect of success and are struck out under rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024.[2]The claimant’s complaints of direct and indirect discrimination because of religion or belief are not dismissed and will proceed, provided that the claimant actively pursues those complaints and complies with the orders of the tribunal.REASONS
[1]A preliminary hearing took place on 13 June 2025. The claimant did not attend. The judge identified at the hearing that the claimant’s complaints of gender reassignment discrimination, whistleblowing and victimisation were not made clear in the claim form and that the further clarification which the claimant provided did not show claims with reasonable prospects of success.[2]The judge made an order that the complaints of gender reassignment discrimination, whistleblowing, and victimisation would be struck out unless by 11 July 2025 the claimant informed the respondent and the tribunal why those complaints should not be struck out. The claimant failed to provide any information in response to that order.[3]Grounds for striking out the claim under rule 38(1)(a) apply and it is in accordance with rule 3 and the overriding objective to strike out the complaints of gender reassignment discrimination, whistleblowing, and victimisation. These complaints as detailed in the claim form have no reasonable prospect of success.[4]Complaints of direct and indirection discrimination because of religion or belief have been identified from the claim form and from the further clarification provided by the claimant and are recorded in the case summary sent to the Case Number: 6015157/2024 PHCM Order 2 of 2 September 2023 parties on 23 June 2025, after the preliminary hearing. Provided that the claimant actively pursues the complaints of direct and indirection discrimination because of religion or belief and complies with the orders of the tribunal, those complaints will proceed. Approved by: