S Khakimov v Nikko Asset Management Europe Limited

Facts

The claimant, Mr Khakimov, was employed by Nikko Asset Management Europe Limited, a fund management business, from 1 January 2013 until his dismissal on 13 January 2021, latterly as Product Management Director, UK; he had been off sick since 17 April 2019 and the respondent accepted that his diagnosis of functional neurological disorder rendered him a disabled person from April 2019. His first claim, received on 17 May 2020, alleged race and disability discrimination and victimisation under the Equality Act, together with detriment for making a protected disclosure under section 47B of the Employment Rights Act 1996, the disclosure being an email of 17 January 2017 and a subsequent meeting. A second claim, received on 19 January 2021, alleged unfair and discriminatory dismissal and sought interim relief. Four decisions were challenged: Employment Judge Stout, at an interim relief hearing on 26 April 2021, refused interim relief, refused permission to amend to add a claim under section 103A of the Employment Rights Act 1996 and found the claimant had acted unreasonably, later ordering him to pay £7,500 in costs; Employment Judge Nicolle consolidated the claims and refused disclosure; and Employment Judge Spencer settled the list of issues and refused disclosure and access to the claimant's email account. Five grounds of appeal proceeded after a rule 3(10) hearing.