Dr A Ahari v The University of Glasgow and others: 4104541/2018 and others
| Judgment Date | 13 April 2019 |
| Date | 13 April 2019 |
| Citation | 4104541/2018 and others |
| Published date | 05 November 2019 |
| Court | Employment Tribunal |
| Subject Matter | Race Discrimination |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case Numbers: 4104541/2018 and 16 others
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Preliminary Hearing held in Glasgow on 4th and 5th February 2019
Employment Judge M Whitcombe
Dr A Ahari Claimant
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In person
The University of Glasgow and 16 others Respondents
All represented by:
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Mr A Hardman
(Advocate)
JUDGMENT
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The judgment of the Tribunal is as follows.
(1) The claims identified in Schedule A to this judgment are struck out under
rule 37(1)(a) of the ET Rules of Procedure because they have no
reasonable prospect of success, either: (a) because they are res
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judicata; or (b) because they are allegations that an individual aided
discriminatory acts which are themselves res judicata.
(2) The claims identified in Schedule B to this judgment are time-barred
because they were presented outside the periods specified in section
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123 of the Equality Act 2010 or section 48(3) of the Employment Rights
Act 1996. They are therefore dismissed because the Tribunal has no
jurisdiction to hear them.
REASONS
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Introduction and background
Case No.: 4104541/2018 & 16 others Page 2
Claims currently proceeding in Scotland
1. Dr Ahari is the claimant in 17 claims currently proceeding in Scotland against
various respondents. Those respondents include a number of NHS bodies,
the University of Glasgow, the British Medical Association, three individual
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doctors and a professor associated with those bodies. Several of the
respondents face more than one recently issued claim.
2. Most of the claims are for direct race discrimination and/or victimisation
contrary to the provisions of sections 13 and 27 of the Equality Act 2010,
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although Dr Ahari sometimes refers to predecessor legislation. The claim
numbers are
4104541/2018, 4122620/2018, 4123363/2018, 4122634/2018,
4123337/2018, 4104542/2018, 4122619/2018, 4123364/2018,
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4123520/2018, 4104544/2018, 4122580/2018, 4123074/2018,
4122635/2018, 4123034/2018, 4104543/2018, 4122656/2018 and
4122779/2018.
3. Some claims also allege that Dr Ahari has been subjected to a detriment as
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a consequence of having made a protected disclosure. Claim numbers
4123337/2018 against the University of Glasgow, 4123363/2018 against
National Waiting Times Centre Board and 4123364/2018 against NHS
Education for Scotland fall into that category.
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4. In very broad terms, the allegations made in the claims currently under
consideration span the period from 2001 until late 2018.
Other recent claims
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5. Additionally, claim number 4122526/2018 was commenced in Scotland but
has now been dismissed on withdrawal because Dr Ahari accepted that he
was unable to give a valid address for service of the claim form (ET1) on the
respondent Dr Nicholas Bruce Scott, who has apparently retired and whose
Case No.: 4104541/2018 & 16 others Page 3
whereabouts are currently unknown.
6. Additionally, Dr Ahari attempted to commence some other claims in Scotland
against NHS Trusts in England. Those claims were rejected on the basis of
territorial jurisdiction. I understand that some or all of them may now be
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proceeding in Employment Tribunals in England.
Previous claims
7. In order to understand the essential background to this preliminary hearing it
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is important to understand something of Dr Ahari’s previous litigation in
Employment Tribunals in Scotland. For the purposes of this preliminary
hearing the respondent relies on up to 8 previous claims. None of those
claims were successful. Although Dr Ahari sought to challenge some of the
judgments by way of review, reconsideration and/or appeal, none of those
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challenges were successful and the first instance decisions stand. The
relevant decisions can be summarised as follows.
a. “Prior claim 1”. Claim number S/102470/2001, submitted on 11th May
2001 against the University of Glasgow and HCI (Scotland) Ltd. The
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latter body is the predecessor of the National Waiting Times Centre
Board. Unanimously dismissed by Chairman Ms F Eccles (now EJ
Eccles) and members Mr Love and Mr Meechan in a judgment sent to
the parties on 27th January 2005.
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b. “Prior claim 2”. Claim number S/100890/03, submitted on 3rd March
2003 against the University of Glasgow and Ayrshire and Arran Acute
Hospitals NHS Trust. Struck out by Chairman Ms L Crone (now EJ
Wiseman) as having no reasonable prospect of success in a judgment
sent to the parties on 7th November 2005.
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c. “Prior claim 3”. Conjoined claim numbers S/1078750/04 and
S/100601/05, submitted against the University of Glasgow on 20th
December 2004 and HCI (Scotland) and Golden Jubilee National
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