Employment Tribunal Dismisses Unfair Dismissal Claims, Allows Sex Discrimination Claims
📌 In brief
An Employment Tribunal dismissed a worker's claims of unfair dismissal and disability-related harassment but allowed her sex discrimination claim to continue, provided she pays a £150 deposit.
⚖️ Legal holding
An Employment Tribunal may strike out claims that lack reasonable prospects of success but allow others to proceed with conditions.
📖 What the law says
Direct discrimination occurs when someone is treated less favorably because of a protected characteristic like age, disability, marriage, civil partnership, race, or sex.
An employer must provide the reason for dismissing an employee and show that the reason is either related to the employee's capability or qualifications, their conduct, redundancy, or a breach of duty or restriction imposed by law.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's claims of constructive unfair dismissal and disability-related harassment were struck out, while her sex discrimination and reasonable adjustments claims are allowed subject to a deposit.
📜 Headnote Official document
The Employment Judge struck out the claimant's claims of constructive unfair dismissal and disability-related harassment due to lack of reasonable prospects for success. The sex discrimination and reasonable adjustments claims were allowed to proceed subject to a deposit.
📚 Full judgment Official document
OUTCOME: Struck Out
Case No: 6005348/2024 10.2 Judgment - rule 61
`
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
Before: Employment Judge Ayre
Representation
Claimant: [redacted] Respondent: [redacted]
JUDGMENT AT PRELIMINARY HEARING
1. The claim of constructive unfair dismissal is struck out on the ground that it has no reasonable prospect of success.
2. The claim of disability related harassment is struck out on the ground that it has no reasonable prospect of success.
3. The other applications for strike out are not well founded and are refused.
4. The claimant is ordered to pay a deposit of £150 as a condition of being allowed to pursue the allegation that the respondent discriminated against her because of sex in a meeting on 16 April 2024 when [NAME] commented that people within a 50 mile radius should be working in the office, whilst allowing a [NAME] who lived within 50 miles of the office to work from home.
5. The claimant is also ordered to pay a deposit of £150 as a condition of being allowed to pursue her complaint that the respondent failed to make reasonable adjustments in respect of her Telogen Effluvium.
Case No: 6005348/2024 10.2 Judgment - rule 61
6. The remaining applications for deposit orders are not well founded and are refused.
Approved by:
Employment Judge Ayre
26 May 2026
Notes
Summary reasons for the judgment were given orally at the hearing. Written summary reasons will not be provided unless a party asked for them at the hearing or a party makes a written request which is received by the Tribunal within 14 days of the sending of this written record of the decision.
Public access to employment tribunal decisions
Judgments (apart from judgments under rule 51) 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-legislation-practice- directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Dismisses Claims for Being Out of Time
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal: Claimants Not Found to Be Employees
- Employment Tribunal Claimant's Employment Claims Dismissed by Employment Judge Lancaster
- Employment Tribunal Late Filing Costs Claimant: Unfair & Wrongful Dismissal Claims Rejected
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Rejects Disability Discrimination Claims Against Police
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The claim was struck out for lacking reasonable prospects of success.
- The claim did not meet the statutory definition of an employee under section 230 of the Employment Rights Act 1996.
- The claim was dismissed as the employer had substantial grounds for dismissal, even if later exonerated by a professional body.
- The claim was dismissed because the employer established that the worker was not an employee.
- The claim was dismissed due to failure within statutory limitation periods unless it was not reasonably practicable to do so.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal struck out the worker's unfair dismissal and harassment claims but allowed her sex discrimination and reasonable adjustments claims to proceed with conditions.
Who was involved?
A worker (the claimant) brought claims against their employer (the respondent).
How did the court decide, and why?
The tribunal decided that the unfair dismissal and harassment claims had no reasonable chance of success but allowed sex discrimination and reasonable adjustments claims to proceed with a deposit.
Which laws or rules were applied?
Equality Act 2010 s.13 and Employment Rights Act 1996 s.98 were relevant.
What was the argument that mattered most?
The lack of reasonable prospects for success in the unfair dismissal and harassment claims was crucial.
Was the decision for or against the person who brought the case?
For some claims (unfair dismissal, harassment) it was against; for others (sex discrimination, reasonable adjustments), it was partially in favour with conditions.
What does this mean for someone in a similar situation?
Someone facing similar issues should carefully assess their chances of success and be prepared to meet any required conditions set by the tribunal.
What evidence or documents mattered?
The judgment did not specify particular evidence, but generally such claims require strong supporting documentation.
Can a decision like this be appealed?
Yes, decisions can often be appealed within certain time limits and under specific conditions.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek legal advice from a qualified solicitor for such cases.