Miss S Messi v LVMH Services UK Ltd & others — 2022

At a public preliminary hearing on 4 October 2022 before Employment Judge A M Snelson sitting alone, the claimant did not attend. The tribunal struck out the breach of contract claim, the holiday pay claim, the sex discrimination claim and alternative equal pay claim, and the direct race discrimination claim and alternative race-related harassment claim, all on the basis that they had no reasonable prospect of success.

The tribunal also struck out the victimisation claim except for the allegation relying on the email of 4 May 2022 as the protected act and the decision implemented on 5 May 2022 to end the claimant's engagement as the detriment. That surviving allegation was the only live claim after the hearing. The claimant's implicit application to amend the claim form to add race discrimination based on an alleged pay difference with Ms Millac was refused.

The tribunal said it would make a deposit order in respect of the remaining victimisation allegation, but before doing so it would invite the claimant to make representations about means and provide supporting evidence. A further case management hearing was listed for 25 November 2022, subject to whether the parties agreed that it could be vacated.