Serial Litigant Wins First Discrimination Case After 12 Failed Claims
Serial Litigant Wins First Discrimination Case After 12 Losses

A man previously branded a 'vexatious serial litigant' for making more than twelve unsuccessful discrimination claims following rejected job applications has finally secured a legal victory. Mudassar Mubin, a 45-year-old father-of-five, asserts he is a victim of prejudice on dual grounds: his disability stemming from a speech stammer and his British Pakistani ethnic background.

A Pattern of Unsuccessful Tribunal Claims

Mr Mubin repeatedly took employers to employment tribunals after failing to secure managerial positions at various food manufacturers, including prominent names like Duerrs marmalades and the producers of Lurpak butter. His strategy involved leveraging professional networking site LinkedIn and other social media platforms to identify who was appointed instead of him and to scrutinise their professional histories.

In one notable instance, an employment judge criticised Mr Mubin for 'taking up the time and resources of both the tribunal and of those advertising jobs'. Another judge rejected his claim to be disabled due to his stammer, remarking on his 'articulate and fluent' verbal evidence during proceedings. A third unsuccessful case resulted in a judge ordering Mr Mubin to pay £5,000 in costs after he failed to disclose honestly on his CV that he had been dismissed from a prior supermarket role.

Insisting on Justification and Financial Loss

Speaking publicly for the first time, Mr Mubin insisted all his legal actions were 'justified'. He emphasised that, contrary to perceptions of seeking profit, his protracted legal battles have left him over £30,000 out of pocket. He dismissed the 'serial litigant' label as 'a slur', highlighting his nearly two decades of experience in the food industry. He even alleged that one employer hired private detectives to surveil him.

The Landmark Victory and Legal Context

Mr Mubin's victory coincides with the introduction of Labour's new Employment Rights Act, which is expected to make successful tribunal claims more frequent. The legislation reduces the qualifying period for unfair dismissal claims from two years to just six months of employment and introduces the potential for unlimited damages. Additionally, the time limit for initiating a tribunal claim will be extended from three months to six months.

This development follows a Daily Mail report on another individual, born-again Christian Joseph Johnson, who initiated legal action at least 54 times against 16 different entities without a single successful discrimination claim.

Details of the Successful Case

Mr Mubin's latest claim arose after he was not granted an interview for a £30,000-per-year quality control manager position at a dairy in Stockport. While his disability claim based on his stammer was again dismissed—with a judge noting that the employers never actually heard him speak due to his rejection—his race discrimination claim was upheld. The judge deemed evidence from managers that other non-white applicants were interviewed as 'unreliable'.

The exact level of damages remains undecided, though it is understood Mr Mubin claimed over £100,000; he states he has asked for £40,000. He revealed this was the first case where he instructed a barrister. Out of his '15 or 16' total claims, one was settled, but he lost all others prior to this victory.

Personal Account and Ongoing Battles

'Every job I go for, I am more qualified than the others but I'm discriminated against,' said Mr Mubin, who has been unemployed since last November and spoke with a stammer during the interview. 'I started taking action because when I applied for a job, most of the time I heard nothing back.'

He explained his methodology: 'But now with the power of social media and LinkedIn, I found out who got the job and 90 per cent of the time it is someone with only one or two years of experience or who is just a graduate. I have 18 years of senior leadership experience and I still don't get the job. I had the same qualifications and expertise as other candidates – sometimes better – but was still overlooked.'

Previous Cases and Judicial Criticism

In a 2023 claim against Arla Foods, Mr Mubin, who resides in Blackburn, Lancashire, alleged race and disability discrimination after missing out on a quality control manager role. A judge rejected the complaint, finding no evidence the decision-maker was aware of his stammer and noting the job ultimately went to a British Pakistani woman.

Judge Jamie Anderson criticised Mr Mubin's 'high-handed' and 'sarcastic' tone, describing him as 'evasive' when he 'could not remember how many claims he had submitted'. The judge also labelled his CV 'misleading' for omitting his dismissal from a supermarket job. 'Even taking the claimant's own number, 12 is a lot of claims, taking up time and resources of both the tribunal and of those advertising jobs,' Judge Anderson commented.

Deeming the claim to have 'no reasonable prospect of success', the judge unusually ordered Mr Mubin to pay £5,000 towards Arla's legal costs, which were several times higher. He branded him a 'serial litigant', highlighting how companies with no prior dealings with Mr Mubin could face litigation merely for advertising a job, suggesting the claims 'appear to be brought with a view to achieving a commercial settlement'.

In another case, a different employment judge rejected his disability discrimination claim, observing he 'rarely hesitated over words' during evidence and was at times as articulate as a solicitor involved. The judge also noted Mr Mubin failed to provide medical evidence regarding his stammer.

Claims against entities such as supermarket Morrisons, the Bury Black Pudding Company, and preserves manufacturer Duerrs were all dismissed. A case against a sandwich supplier was specifically dismissed as 'vexatious'.

Future Intentions

Now that he has begun engaging his own barrister, Mr Mubin declares he will continue his legal fight. 'It is not just about the money now. It's about stopping companies discriminating against people,' he stated, underscoring his commitment to challenging perceived injustices in the employment landscape.