M Mostafa v K Julier & Anor

Facts

The appellant, Mr M Mostafa, brought claims of direct race and religion discrimination against Mrs K Julier and Miss C Slater. His case concerned his having gone from being a frontrunner for a permanent role to not being interviewed. The claims were heard by Employment Judge T Perry at a hearing on 27 and 28 March 2025. The hearing had been listed before a full panel, but no non-legal members had been booked; the Judge checked with the parties what they wished to do and with Tribunal staff as to the availability of members, and, treating the lack of members as a material change in circumstances, exercised the general case management power to change the composition to a judge sitting alone. The Judge then found the facts, directed himself as to the law including the burden of proof, considered whether the appellant had shown facts from which discrimination could be inferred, and concluded that the reason for the treatment had nothing to do with race or religion; the claims were dismissed. The appellant appealed on five grounds, four concerning the decision to sit alone and the fifth alleging that important evidence had been disregarded. Permission to appeal was refused on the papers by Caspar Glyn KC, sitting as a Deputy High Court judge, and the appellant renewed his application under rule 3(10).