Parag Bahad v HSBC Bank PLC

Parag Bahad v HSBC Bank PLC

The employment tribunal erred in law by striking out the race and religious discrimination claims where there were core factual disputes and the claimant, as a litigant in person, was not given a fair opportunity to present his case. However, the tribunal did not err in striking out the protected disclosure detriment claim, as it was fanciful and had no reasonable prospect of success.

Parties
Appellant: Mr Parag Bahad; Respondent: HSBC Bank PLC
Jurisdiction
England and Wales
Judgment Date
01 June 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Strike Out Applications, Race Discrimination, Religious Discrimination, Protected Disclosure Detriment, Case Management, Litigants in Person
Employment Law Strike Out Applications Race Discrimination Religious Discrimination Protected Disclosure Detriment Case Management Litigants in Person

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Parag Bahad

Appellant

HSBC Bank PLC

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employment tribunal erred in law in striking out claims of race and religious discrimination
  2. 2 Whether the employment tribunal erred in law in striking out the claim of protected disclosure detriment

Ratio Decidendi

The employment tribunal erred in law by striking out the race and religious discrimination claims where there were core factual disputes and the claimant, as a litigant in person, was not given a fair opportunity to present his case. However, the tribunal did not err in striking out the protected disclosure detriment claim, as it was fanciful and had no reasonable prospect of success.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Strike out of race and religious discrimination claims overturned and those claims reinstated for hearing
  • Strike out of protected disclosure detriment claim upheld