Mr E Mullings v Ealing Law Centre — 2023

Mr E Mullings presented a race discrimination claim against Ealing Law Centre on 5 October 2022. At the preliminary hearing on 18 May 2023, the tribunal first dealt with a July 2022 email from a Barnet Citizens Advice Bureau solicitor that had been attached to the claim form. The tribunal held that the claimant had selectively disclosed part of the legal advice to support his case and that fairness required disclosure of the remainder, so legal advice privilege was waived in full.

On the jurisdiction issue, the tribunal held that it had no jurisdiction to consider the race discrimination claim because the claimant's volunteering relationship with the respondent was not covered by section 83(2) of the Equality Act 2010 or by sections 55 to 56 of that Act. It relied on the authorities concerning volunteers at Citizens Advice Bureaux, including Melhuish v Redbridge CAB and X v Mid-Sussex CAB, and concluded that there was no reasonable prospect of establishing the necessary contractual or vocational training relationship.

The respondent applied for costs of £6,000 inclusive of VAT. The tribunal found that the claim had no reasonable prospect of success and that the claimant had acted unreasonably in bringing and continuing it after receiving detailed legal advice warning of the jurisdiction difficulties and the risk of costs. It accepted that his means were limited but was not satisfied that they were as limited as he presented, and ordered him to pay £1,000 toward the respondent's costs.