Dr O Dada v Right There

5 EMPLOYMENT TRIBUNALS (SCOTLAND)   Case No:  8000037/2024 Preliminary hearing 10 held in Edinburgh on 28 June 2024 Employment Judge A Jones 15 Dr O Dada Claimant In person 20 Right There Represented by Mr Gale, solicitor 25

JUDGMENT i. The Tribunal does not have jurisdiction to determine the claimant’s claim of 30 wrongful dismissal. ii. The claimant’s claim of direct discrimination because of the protected characteristic of race has no reasonable prospect of success and is struck out. 35 Background

1. The claimant lodged a claim of wrongful dismissal and racial discrimination on 9 January 2024. The respondent resisted the claimant’s claims. In their response form they called on the claimant to specify his claim of 8000037/2024 Page 2 discrimination as it was said to be lacking in any specification. It was also said that no claim of wrongful dismissal had been made out.

2. A preliminary hearing for the purposes of case management took place on 13 March. Both parties had submitted agenda documents in advance of that 5 hearing. In the respondent’s agenda document a further call was made on the claimant to specify his claim of race discrimination. The respondent also set out their position that the Tribunal had no jurisdiction to determine the claimant’s claim of...

3. At the hearing on 13 March, the claimant was ordered to specify his claim of 10 race discrimination by answering questions which were to be set out by the respondent. A hearing was set down to determine whether the Tribunal had jurisdiction to consider the claimant’s claim of wrongful dismissal. The claimant was to provide answers to the questions asked by 24 April. Having received these ans...