Mr B Gerrish and Cambian Asperger Syndrome Services Ltd: 1400726/2022
| Jurisdiction | England & Wales |
| Judgment Date | 29 June 2023 |
| Date | 29 June 2023 |
| Citation | 1400726/2022 |
| Court | Employment Tribunal |
| Published date | 20 July 2023 |
| Subject Matter | Unfair Dismissal |
Case Number: 1400726/2022
1
EMPLOYMENT TRIBUNALS
BETWEEN
Claimant Respondent
Mr Benjamin Gerrish AND Cambian Asperger Syndrome Services Ltd
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
HELD REMOTELY ON 29 June 2023
BY VIDEO (VHS)
EMPLOYMENT JUDGE N J Roper
Representation
For the Claimant: Ms J Kerr of Counsel
For the Respondent: Mr J Boyd of Counsel
JUDGMENT
The judgment of the tribunal is that the claimant’s claims for direct
discrimination on the grounds of religion and belief and for unfair dismissal
have little reasonable prospect of success and are subject to the attached
Deposit Order. RESERVED REASONS
1. This is the judgment following a preliminary hearing to determine: (i) whether the claimant
was treated less favourably than his chosen comparators; and (ii) whether the claimant
was unable to continuing work without contravention of an enactment; and (iii) whether the
claimant’s claim should be struck out on the grounds that it has no reasonable prospect of
success, or whether the claimant should be ordered to pay a deposit as a condition of
continuing with the claim because it has little reasonable prospect of success.
2. In this case the claimant Mr Benjamin Gerrish has brought claims alleging unfair dismissal,
and direct discrimination because of religion or belief. The claims are denied by the
respondent.
3. This has been a remote hearing which has been consented to by the parties. The form of
remote hearing was by VHS Video. A face-to-face hearing was not held because no one
requested the same and all issues could be determined in a remote hearing. The
documents that I was referred to are in a bundle of 160 pages, the contents of which I have
recorded.
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