Mr Kevin Harris v HCL Great Britan Limited and 2 others — 2019

The claimant's work on the Credit Suisse project was found to have been supplied through a typical umbrella-company and recruitment-agency chain. The tribunal found that Green Lantern Accountancy Limited employed and paid the claimant, and arranged his pension, while Green Lantern contracted with Roc Search Limited to supply his services to HCL Great Britain Limited.

Applying rule 37 and the strike-out authorities cited in the reasons, the judge held that the claimant had no contract with Roc Search Limited and therefore no contractual basis for claims for pay or notice pay against it. For the same reason, and because the alleged discriminatory acts were said to have been done by HCL personnel rather than Roc Search, all claims against Roc Search were struck out as having no reasonable prospect of success.

The tribunal also held that any claim for unlawful deduction from wages or breach of contract against HCL Great Britain Limited had no reasonable prospect of success because the claimant had no contract with HCL. However, the judge said the proper respondent for the Equality Act allegations was HCL Great Britain Limited, and expressly noted that nothing in the judgment was intended to determine any race-based claim for loss or injury to feelings against HCL if properly pleaded.