Former employee's discrimination claims struck out for lack of detail
An employment tribunal struck out discrimination and redundancy claims from a former NHS employee who failed to provide any details to support them, and dismissed her unfair dismissal claim.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed by the respondent for conduct and/or performance reasons.
- The claimant did not provide any details to support her discrimination complaints.
- The claimant did not claim that her role was redundant.
- The claimant's discrimination and redundancy payment claims were struck out for having no reasonable prospects of success.
- The claimant's unfair dismissal claim was dismissed after a full hearing.
Timeline
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Claimant's son's mental health crisis
The claimant's son experienced a mental health crisis, which affected her but occurred after her dismissal.
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Dismissal
The claimant was dismissed by the respondent for conduct and/or performance reasons.
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Preliminary hearing
Employment Judge Tynan struck out the claimant's discrimination and redundancy payment claims for having no reasonable prospects of success.
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Final hearing (day 1)
The unfair dismissal claim was heard in person before Employment Judge Coll.
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Final hearing (day 2)
The unfair dismissal claim continued.
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Judgment
Employment Judge Coll issued judgment that the claimant was not unfairly dismissed.
The legal issue
The tribunal had to decide whether the former employee's claims of discrimination on grounds of age, race, disability and sex, and her claim for a redundancy payment, had any reasonable prospects of success, and whether her dismissal for conduct and/or performance was unfair.
The outcome
The tribunal struck out the discrimination and redundancy payment claims at a preliminary hearing because the claimant had not provided any details or particulars to support them, despite having 14 months to do so. The unfair dismissal claim was dismissed after a full hearing.
- Discrimination claims: struck out for no reasonable prospects of success.
- Redundancy payment claim: struck out for no reasonable prospects of success.
- Unfair dismissal claim: dismissed after full hearing.
- No compensation awarded.
Lessons & takeaways
- If you bring discrimination claims, you must provide specific details of what happened and why you believe it was linked to a protected characteristic like age, race, disability, or sex.
- Tribunals can strike out claims at an early stage if they have no reasonable prospects of success, especially if you fail to provide any supporting facts after being given time.
- A redundancy payment claim requires that your role was actually redundant – if you don't challenge the employer's reason for dismissal, the claim is unlikely to succeed.
- Personal circumstances that arise after dismissal, such as a family member's health crisis, are unlikely to affect the fairness of the dismissal itself.
What this case shows in practice
This case demonstrates the importance of providing clear and specific details when bringing discrimination claims to an employment tribunal. The former employee alleged discrimination on grounds of age, race, disability and sex, but she was unable to articulate any facts to support these allegations. The tribunal noted that she had not raised any discrimination concerns during her employment and had not provided any particulars even after 14 months. As a result, the discrimination claims were struck out as having no reasonable prospects of success.
What could have been done differently
The claimant could have sought legal advice early on to understand what is required to bring discrimination claims. She might have been able to identify specific incidents or comments that she believed were discriminatory and explain how they related to a protected characteristic. Without such details, the tribunal had no basis to proceed. Similarly, the redundancy payment claim was struck out because she did not suggest her role was redundant or challenge the employer's stated reasons for dismissal.
Why the result matters
This case serves as a reminder that tribunals will not allow claims to proceed if they are not properly particularised. While the tribunal acknowledged the claimant's personal difficulties, including her son's mental health crisis, it found that these did not excuse the lack of detail. For anyone considering bringing a discrimination claim, it is essential to gather evidence and set out a clear narrative of what happened and why it was discriminatory. Without that, the claim is likely to be struck out at an early stage.
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