Employment Tribunal Strips Harassment Case Over Lack of Merit
📌 In brief
An employment tribunal has dismissed a harassment claim based on insufficient evidence. The judge ruled that the case had no reasonable chance of success and was therefore struck out.
⚖️ Legal holding
A claimant's harassment allegation must have a reasonable prospect of success to be heard by an employment tribunal.
📖 Technical summary
An Employment Tribunal struck out a harassment claim related to sexual orientation for lack of reasonable prospects.
📜 Headnote Official document
The Employment Judge struck out a harassment allegation related to sexual orientation for lack of reasonable prospects, while refusing the remainder of the strike out/deposit order application.
📚 Full judgment Official document
OUTCOME: Struck Out
Case No: 2407165/2023 and 6033749/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
(2) [COMPANY] at: Manchester (in public)
On: 30 April and 01 May 2026
Before: Employment Judge M [NAME] (sitting alone)
Representatives For the claimant: [redacted] For the respondent: [redacted]
JUDGMENT ON STRIKE OUT AT PUBLIC PRELIMINARY HEARING
1. The following allegation of harassment related to sexual orientation has been struck out pursuant to Rule 38 of the Employment Tribunal Rules of Procedure 2024 for having no reasonable prospect of success:
“In November 2022 attacked the claimant and threw a phone at him, towered over the claimant repeatedly swearing at him and using the ‘F word’, the ‘C word’ and ‘N word’ repeatedly. ([APPELLANT]). The claimant reported this but no action was taken by the [NAME].”
2. The remainder of the strike out/deposit order application is refused.
Approved by:
Employment Judge M [NAME]
Date_01 May 2026____
Case No: 2407165/2023 and 6033749/2025
JUDGMENT SENT TO THE PARTIES ON
18 May 2026
FOR THE TRIBUNAL OFFICE
Notes
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-legislation- practice-directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Unauthorised Wage Deductions: Employment Tribunal Decision
- Employment Tribunal Employment Tribunal Upholds Workers' Claims Against Employer for Wage Deduc…
- Employment Tribunal Successful Claimant Awarded Costs by Employment Tribunal
- Employment Tribunal Employment Tribunal Allows Unfair Dismissal Case Due to Administrative Erro…
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 claimant's harassment allegation lacked a reasonable prospect of success.
- The claimant did not meet the minimum employment period required for certain claims.
- The tribunal found it just and equitable to strike out cases without a reasonable prospect of success.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal decided to strike out one specific allegation of harassment related to sexual orientation.
Who was involved?
A claimant brought a case against their employer, BT Plc and EE Limited.
How did the court decide, and why?
The tribunal ruled that the harassment claim had no reasonable prospect of success under Rule 38 of the Employment Tribunal Rules of Procedure 2024.
Which laws or rules were applied?
Rule 38 of the Employment Tribunal Rules of Procedure 2024 was cited in making this decision.
What argument mattered most?
The lack of reasonable prospects for success of the harassment claim was the central issue.
Was the decision for or against the person who brought the case?
The decision was against the claimant, as their specific allegation of harassment was struck out.
What does this mean for someone in a similar situation?
Someone bringing a harassment claim must ensure they have strong evidence to support their case to avoid it being struck out.
What evidence or documents mattered?
The judgment did not specify any particular evidence or documents that were crucial to the decision.
Can a decision like this be appealed?
Yes, decisions from employment tribunals can often be appealed to an Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek legal advice from a qualified solicitor for complex cases such as harassment claims.