Ms J Griffiths-Baker v Cardiff Metropolitan University and 5 others — 2021

The hearing on 4 and 5 February 2021 was dealt with on interlocutory issues rather than a merits hearing, and the tribunal made no findings of fact because no evidence was heard. The Claimant unconditionally withdrew her section 15 Equality Act 2010 claim for discrimination arising from disability and her sections 20/21 claim for failure to make reasonable adjustments. Those claims were therefore dismissed on withdrawal.

The Fifth and Sixth Respondents applied to strike out, or alternatively for a deposit order in relation to, the Claimant's section 60 EqA complaint about health questions said to have been asked in recruitment. Applying the authorities on strike out in discrimination cases, including Anyanwu, Ahir, Abertawe Bro Morgannwg University Health Board v Ferguson and Balls, the tribunal took the Claimant's case at its highest but concluded that the claim could not succeed on the pleaded case.

The tribunal accepted the Respondents' timing point: the Claimant had been offered work on 18 December 2019, a contract had been entered into on 10 January 2020, and the alleged enquiries relied on for the section 60 claim were said to have been made on 28 January 2020. Because section 60(1) prohibits questions about an applicant's health before work is offered, the tribunal held that the claim against the Fifth and Sixth Respondents had no reasonable prospect of success and struck it out under Rule 37. It also noted that enforcement of section 60(1) lies with the Equality and Human Rights Commission under section 60(2), and that its ruling did not prevent the underlying factual allegations being relied on in any remaining discrimination claims if relevant.