Global Banking School Ltd and Global Edu Services Ltd

v3 10.2.25 1 EMPLOYMENT TRIBUNALS Claimant: Mr K El-Badry Respondents: Global Banking School Limited (1) Global Edu Services Limited (2) Heard at: Watford (by CVP) On: 20 May and 4 June 2025 Before: Employment Judge Emery REPRESENTATION: Claimant: In person Respondent: Mr A Watson (counsel) PRELIMINARY HEARING IN PUBLIC JUDGMENT The judgment of the Tribunal is as follows: 1) The respondent’s application to strike out the claim under Employment Tribunal Rule 38(1)(a) because it has no reasonable prospect of success, alternatively for a deposit order because it has little reasonable prospects of success, fails. 2) The claimant’s application to amend his claim to include an allegation of indirect race discrimination – that the 2 nd respondent had a policy of not having a sponsor licence for Tier 2 visa holders – succeeds. 3) The claimant withdraws the following claims, which are dismissed on withdrawal: a) All direct race discrimination detriment during employment claims save for the allegation that the respondent revoked his approved annual leave in December 2022; b) Claims of harassment related to race and/or harassment related to sex; c) direct sex discrimination; d) unlawful victimisation; e) claim for notice pay. v3 10.2.25 2 Claimant’s application to amend 4) The claimant relies on what he says are factual issues contained within his claim: that the 2 nd respondent, an associated company of the 1 st respondent, had a policy that it would not consider obtaining a sponsorship licence which would enable it to employ Tier 2 visa holders; this disadvantaged him (and would disadvantage other employees with Tier 2 visas), as his (and their) employment could not transfer to the 2 nd respondent under TUPE. 5) The claim form contains significant detail of this factual allegation. For example, paragraphs 15.1.4 - 15.1.15 detail the fact that TUPE applied to the potenti...