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6016961/2024Partially Successful

Virgin Atlantic Airways Ltd

11 February 2026England & WalesEmployment Judge Burge
GOV.UK

Case Summary

The Tribunal struck out the Claimant's complaints of indirect race discrimination and direct discrimination/harassment relating to an incident in 2019, dismissed the Claimant's breach of contract complaint upon withdrawal, and allowed the remainder of the Claimant's claims to continue.

Key Issues

  • Whether the Claimant's complaints of unfair dismissal, race discrimination, and harassment should be struck out or a deposit order made

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

ike out and/or deposit on the following grounds: a. Unfair dismissal – a deposit Order as the complaint has little reasonabl

Equality Act 2010 race discriminationEquality Act 2010

ibunal struck out the Claimant's complaints of indirect race discrimination and direct discrimination/harassment relating to an inc

Equality Act 2010 sex / pregnancy discriminationEquality Act 2010

ropriate, for the reasons set out above. Indirect Sex Discrimination 34. The application to strike out/deposit the

Decision Text

1 EMPLOYMENT TRIBUNALS Claimants: Miss S Charlick Respondent: Virgin Atlantic Airways Limited Heard at: London South Employment Tribunal On: 5 February 2026 Before: Employment Judge Burge Appearances For the Claimant: In Person For the Respondent: Ms C D’Souza, Counsel JUDGMENT It is the Judgment of the Tribunal that: 1. The following complaints are struck out under Employment Tribunal Rule 38(1)(a) because they have no reasonable prospect of success: a. Indirect race discrimination; and b. Direct discrimination/harassment relating to an incident in 2019 2. The Claimant’s complaint of breach of contract is dismissed upon withdrawal 3. The remainder of the Claimant’s claims continue. REASONS 1. This Preliminary Hearing was listed by Employment Judge Sudra at the Preliminary hearing on 17 September 2025 to: (i) Determine the Respondent’s strike out and Deposit Order applications; and (ii) make any other Orders as appropriate. 2. Reasonable adjustments: The Claimant required extra time to absorb information so questions were asked at a steady pace and she was given 2 sufficient time to read documents. I also explained things as we went along and she asked when she was not sure that she followed what was being said. 3. Employment Judge Sudra had ordered that a. By no later than 29 th October 2025, the Respondent must send to the Tribunal and Claimant any application it wishes the Tribunal to consider at the preliminary Hearing. 4. On 28 October 2025 the Respondent made an application for strike out and/or deposit on the following grounds: a. Unfair dismissal – a deposit Order as the complaint has little reasonable prospects of success. The Respondent says that the Claimant admitted to receipt of substantial sums of money at around the time that each of three people we...

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Employer

Respondent

Virgin Atlantic Airways Ltd

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Case Details

Case Number
6016961/2024
Decision Date
11/02/2026
Published
01/04/2026
Jurisdiction
England & Wales
Judge
Employment Judge Burge