Mr H Hassan v Department for Work and Pensions: 8000044/2022
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 2023 |
| Date | 28 April 2023 |
| Court | Employment Tribunal |
| Published date | 22 May 2023 |
| Subject Matter | Race Discrimination |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 8000044/2022
Held in Glasgow on 1 and 2 March 2023
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(Expenses / Preliminary Hearing held in chambers
by way of written representations from both parties)
Employment Judge Ian McPherson
Mr Hassan Hassan Claimant
per his Written Representations
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Department for Work and Pensions Respondents
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per Written Representations by:
Ms Emily Campbell
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The Judgment of the Employment Tribunal, having considered both parties’ written
representations at this in chambers Expenses / Preliminary Hearing, is that: -
(1) Having considered the claimant’s application for a preparation time order
against the respondents, in terms of Rules 75(2) and 79 of the
Employment Tribunal Rules of Procedure 2013, and the respondents’
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objection to that application, the Tribunal refuses the claimant’s
application for the reasons given in the undernoted Reasons, at
paragraphs 31 to 44 below; and
(2) Having considered the claimant’s application for an anonymisation /
privacy order by the Tribunal, in terms of Rule 50 of the Employment
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Tribunal Rules of Procedure 2013, and the respondents’ objection to
that application, the Tribunal continued consideration of that application to
a date to be hereinafter assigned by the Tribunal, to allow the
respondents’ solicitor a reasonable opportunity of 7 days to respond to the
8000044/2022 Page 2
claimant’s further written representations emailed to the Tribunal, during
this Expenses / Preliminary Hearing, by way of a right of reply to the
claimant’s further written representations, which he sent unsolicited direct
to the Glasgow Employment Tribunal, and the respondents’ solicitor, by
emails of 08:45 and 10:03 on 1 March 2023.
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REASONS
Introduction
1. This case called again before me on the morning of Wednesday, 1 March
2023, for a one-day Expenses / Preliminary Hearing in chambers, as
previously intimated to both parties by the Tribunal, on 31 January 2023, by
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amended Notice of Hearing, to determine the following issues, namely : (1)
the claimant’s opposed application for a preparation time order under Rule 79
against the respondents, and (2) the claimant’s opposed Rule 50 application
for an anonymisation / privacy order by the Tribunal.
2. Both parties had, in email correspondence with the Tribunal, agreed to this
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being an in chambers Hearing, on the papers only, and without the need for
an attended Hearing. I have dealt with it on the basis of considering their
respective written representations to the Tribunal.
Background
3. By ET1 claim presented on 26 August 2022, the claimant complains of
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unlawful discrimination on the grounds of race, and religion or belief. His claim
is denied by the respondents, by ET3 response presented on 26 September
2022.
4. I heard both parties at a first telephone conference call Case Management
Preliminary Hearing on 25 October 2022, and my written Note and Orders,
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dated 26 October 2022, was issued to both parties under cover of a letter from
the Tribunal dated 27 October 2022.
5. Since that date, there has been ongoing correspondence between the parties
and the Tribunal, and various interlocutory orders and directions have been
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