Claimant v Sharma v Central Taxis (Warks) Ltd — 2019

On 31 October 2019, Employment Judge Woffenden sitting alone in private held that the respondent's response was not struck out for non-compliance with the order of Employment Judge Camp sent on 5 July 2019. The record then set the case down for a final hearing before an Employment Judge sitting with members in November 2020.

The tribunal identified the issues for the final hearing as including whether the claimant was an employee or worker in two periods, whether any dismissal on 6 January 2019 was for redundancy and fair under sections 98(1), (2) and (4) of the Employment Rights Act 1996, whether there had been direct discrimination because of race or sex, and whether the claimant's hourly rate was less than that of male colleagues doing the same work for equal pay purposes. The issues list also included time limit questions under section 123 of the Equality Act 2010 and potential remedy questions if the claimant succeeded.

The claimant accepted that she had no holiday pay claim, that her injury to feelings claim required quantification, and that she had not identified the nature, diagnosis date, or causation of any alleged psychiatric injury. The tribunal also recorded her comparators for the equal pay and race pay issues, and made case management orders for judicial mediation, schedules of loss, documents, witness statements, bundles, and an open preliminary hearing to consider whether the response should be struck out for alleged scandalous, unreasonable or vexatious conduct.