Ms B Washington v Swindon Borough Council and 2 others — 2023

At a preliminary hearing on 10 January 2023, Employment Judge Self dealt with strike-out and deposit applications in Ms B Washington's claims against Swindon Borough Council, the Governing Body of EOTAS and Mr J Evans. All section 44 Employment Rights Act 1996 detriment claims were struck out under Rule 37(1)(a). The tribunal held that, on the claimant's own account, she stayed at school longer than she said she needed to because of school needs, so there was no reasonable prospect of showing that she left or did not return in circumstances of imminent danger.

The pregnancy and maternity discrimination claims were allowed to continue. The judge said those claims turned on the thought processes of the decision-makers and were fact-sensitive, so they should be heard with evidence rather than struck out. The reasonable adjustments claims were also allowed to continue; although the tribunal thought they appeared prima facie out of time, it declined a deposit order and directed that time-limit issues be dealt with at a later open preliminary hearing.

The harassment allegations related to sex and disability were not struck out, but the tribunal found they had little reasonable prospect of success and made deposit orders of £75 per factual allegation, taking account of the claimant's financial circumstances. The judge said the alleged move from full pay to half pay and nil pay was a standard contractual outcome and that there was no evidential support for harassment at that stage. The victimisation and unlawful deduction of wages claims were left to proceed, with the without-prejudice issue, time limits and further directions to be determined at the later hearing listed for 20 July 2023.