Mr E Ngassa v Rendall and Rittner Ltd: 6021950/2024

EMPLOYMENT TRIBUNALS

Case No 6021950/2024, 1808711/2024

Between

Mr E NgassaClaimant

Rendall and Rittner LtdRespondent

Before

Employment Judge Brain

In person for claimant

Mrs M Peckham (instructed by solicitor) for respondent

Date 27 August 2025

[1]Claim number 1808711/2024 (to which the parties are privy) having been withdrawn by the claimant on 17 October 2024 but not having been dismissed by the Tribunal, no cause of action estoppel or issue estoppel arises upon the claimants complaints brought pursuant to Part II of the Employment Rights Act 1996 and the claimant may pursue those complaints.

[2]The complaint of disability discrimination (by way of an alleged failure to make reasonable adjustments about the use of a non-flushing toilet and the requirement for the claimant to take his breaks in his office) brought pursuant to the Equality Act 2010 (the 2010 Act) is struck out under rule 38(1)(a) of Employment Tribunal Procedure Rules (‘Rule 38(1)(a)’) because it has no reasonable prospect of success.

[3]The complaint of victimisation brought pursuant to the 2010 Act is struck out under Rule 38(1)(a) because it has no reasonable prospect of success, the claimant not having done a protected act as required by section 27(1) of the 2010 Act.

[4]The complaint of a breach of the sex equality clause brought pursuant to section 127 of the 2010 Act is struck out under Rule 38(1)(a) because it has no reasonable prospect of success, the claimant having no comparator of the opposite sex engaged in equal work to him. Case Number: 6021950/2024 2

[5]There being no extant claim of discrimination because of the protected characteristic of race, no order is made upon the respondent’s application (in paragraph 16 of the grounds of resistance) to strike out such a claim under Rule 38(1)(a). Approved by Employment Judge Brain Date: 27 August 2025 Note - Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice- directions/