"Just Like That" - why a specious discrimination claim was struck out
Posted on 14th February 2025 at 14:19
What could have led to a routine “no reasonable prospect of success” decision in the employment tribunal making it all the way to the Daily Telegraph’s editorial leaders, under the title “Fez ipsa loquitur”? The late Tommy Cooper may have been looked upon as a national treasure of a kind, but was the subject matter of Bey v Tesco Stores mere bumbling comedy? Let’s take a look.
Mr Bey, a Muslim who described himself as Moorish, always wore a fez to work. He resigned in May 2023. His first claim, for unfair dismissal, was submitted in October 2023, outside the 3 month deadline, and was struck out. It had lacked particulars of dates when employment started and finished, and there was no good reason why that claim had not been presented on or before 21 August 2023. He was accordingly not permitted to explain why Tesco’s refusal to let him train for a second skill, and its requirement for him to be retrained or reassessed, could have destroyed mutual trust in the employment relationship and amounted to constructive dismissal.
He then submitted a second claim, even later, in November 2024. It raised claims of race, disability and religious discrimination. However, it did not appear to disclose any arguable case. With admirable speed, the tribunal arranged a video hearing less than a month later to explore matters in more detail. The judge mentioned the importance of not striking out a claim until he had found out what it was, and the limit to what the tribunals could be expected to do for a litigant in person.
It was on this occasion that Mr Bey asserted that it was harassment to describe him as looking like Tommy Cooper. However, he was unable to provide any details of who allegedly harassed him and when. In turn, his alleged mild dyslexia failed to satisfy the disability test – substantial and long term adverse effect on ability to carry out day to day activities – and he failed to explain why his race and religion could possibly have been linked to the complaints about training.
The editorial ended with a suggestion that Mustafa Kemal Ataturk may have been to blame for banning the fez in Turkey and leaving it as a prop for comedians. Had Mr Bey’s religious headgear not given rise to humorous associations, the outcome of his claim would evidently not have been different on the facts, and would only have served to deny the Telegraph a catchy headline.
Do you have an issue with religious symbols in the workplace? Or is someone making an issue of them? Need a conjuring trick to make a complaint disappear? We can help. Contact David Cooper on 0121 325 5402 or via dmc@coxcooper.co.uk .
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