D v E and F

Case No: 2500677/2023

EMPLOYMENT TRIBUNALS Claimant: D Respondent: (1) E and (2) F Heard at: Newcastle by video On: 20 and 21 November 2023 Before: Employment Judge O’Dempsey Representation Claimant: claimant’s father Respondent: McGrath (Consultant)

JUDGMENT The Respondents’ application to strike out the claimant’s case is dismissed.

REASONS 1) This is an application by the 1st and 2nd respondent to strike out the claimant's claim on the grounds that it offends against rule 37 (1) (a) of the Tribunal Rules (ETR) because it is scandalous vexatious or has no reasonable prospect of success. It is also (and is primarily) based on the manner in which proceedings have been conducted. It is said that the proceedings have been cond...

these matters when considering, for example the circumstances in which an act said to constitute disability related harassment takes place, so as to judge the perception of the claimant and whether it was reasonable to regard the “unwanted conduct” as having the prohibited purpose or effect. The Law 6) In addition to the regulations cited above I was referred to the following cases cited by the...