No Appearance v Lewes District Council Sitting At: London South — 2022

The claimant brought age and disability discrimination claims against Lewes District Council after failing the knowledge test used in the application process for a hackney carriage and private hire licence on three occasions. She said that symptoms of the menopause affected her concentration and clarity of thought, and that the Council failed to make allowances for that impact. The respondent accepted that, in administering licences, it was acting as a qualifications body for Equality Act purposes.

The claimant did not attend the hearing. The tribunal declined to adjourn and proceeded on the narrow jurisdictional point identified by the respondent. It accepted that the Council was a qualifications body within section 53 of the Equality Act 2010, but held that section 120(7) removes employment tribunal jurisdiction over a section 53 complaint where another enactment provides a right of appeal or proceedings in the nature of an appeal.

The tribunal found that sections 47 and 48 of the Local Government (Miscellaneous Provisions) Act 1976 give a person aggrieved by the refusal of a licence, or by conditions attached to a licence, a right of appeal to the magistrates' court. On that basis, it held that the employment tribunal had no jurisdiction to determine the age or disability discrimination claims and both claims were struck out.