Mitie will face an employment tribunal next year after a judge refused to strike out discrimination claims from a former member of staff.

Khyber Afzal’s case against the facilities management and construction giant will proceed to a final hearing in April 2026 following the preliminary judgment.

Mitie had applied for the claim to be struck out but Employment Judge Dilbaag Singh Bansal ruled that it could continue.

A tribunal heard that in November 2022, about a week before Afzal was due to begin a one-year contract with Mitie as a learning coordinator in its Birmingham hub, the contract was outsourced to an external company in India.

As such, Afzal was informed that his employment would only last until the end of March 2023 should he still wish to accept it, which he did.

After completing this period, he unsuccessfully applied for other roles.

He then lodged legal action against Mitie in December 2023 for redundancy entitlement, direct discrimination on the grounds of race and religion or belief, and notice payments.

Last year a judge rejected the claim for redundancy remuneration on the grounds that Afzal had not been employed long enough to be entitled to it but allowed the discrimination claim to continue.

Earlier this year, Afzal amended his claim to include disability discrimination for back pain, direct discrimination, indirect discrimination, victimisation and sex discrimination.

The judge said Afzal alleges he had to wear a belt for back pain and claims Mitie did not make reasonable adjustments for him.

“According to the claimant this was direct disability discrimination, and a failure to make reasonable adjustments,” the judge said.

“The claimant also complained he was not given alternative roles because of his alleged disability, and sex. He contended the less favourable treatment was not being given alternative roles, compared to his female colleagues.”

In March 2025, Mitie called for the amended case to be struck out on the grounds it did not have a reasonable prospect of success.

Judge Bansal said he found the “principal complaint” of race and religion discrimination in varying Afzal’s contract to be “weak”.

“The claimant has ignored the fact that this decision to outsource the work affected some 152 employees irrespective of their individual protected characteristics,” he added.

“I find this complaint has little reasonable prospect of success and the threshold for making a deposit is met.”

In circumstances where a tribunal considers a case has little prospect of success, it can order a claimant to pay a deposit if they wish to continue their case.

In this case, Afzal has been ordered to pay £100 within 21 days if he wishes to continue this part of the action against Mitie.

The judge ordered that the other complaints of discrimination and victimisation shall proceed without a deposit being made, as he found the tribunal would need to hear the detailed evidence in order to make a decision.

“These complaints raise new facts which will require a new line of enquiry and investigation,” he said.

The case will proceed to final hearing in April 2026.