Miss MI Lasakowska v Nicholas Associates Group Limited (sued as Stafforce-Ishaaq Kara) & 19 others, see schedule attached AT A PRELIMINARY HEARING IN PUBLIC — 2023

On 26 May 2023, at a preliminary hearing listed to consider strike-out or a deposit order, Employment Judge Lancaster struck out the claims under Rule 37. The claimant did not attend in person and did not join by CVP within a reasonable time after requesting to do so; the tribunal therefore gave brief reasons under rule 62.

The tribunal recorded that the ET1s were all identical and very short. They complained that recruitment agencies had asked the claimant to apply for a share code in order to be registered or considered for roles. In each case the disability discrimination box had been ticked, but the claimant did not identify any disability, did not say what act she complained of, and did not particularise the type of discrimination alleged. She had also written 'discrimination-nationality'.

The tribunal noted that, as a Polish national, the claimant needed to establish a right to work in the UK and that providing a share code for an online right-to-work check is expressly authorised by the Home Office. It also noted that in at least one case the claimant had provided a share code and obtained work. A letter from 24 November 2022, revived on 8 December 2022, showed that her objection was the believed insecurity of her personal information. The tribunal further noted that ACAS early conciliation ran from 5 to 6 October 2022, so claims based on acts before 6 July 2022 were on the face of it out of time. In those circumstances, the tribunal concluded that the claims against the recruitment agencies, who were complying with the legal requirement to establish right to work, had no realistic prospect of success and dismissed them all.