Mr P Davidson v Anord-Mardix (UK) Limited and 2 others — 2024

At the public preliminary hearing on 22 November 2024, Employment Judge Johnson struck out the claim against the second respondent, Blitz International Holdings Limited t/a Industrial Work Solutions, under Rule 37(1)(a). The tribunal held that no complaint had been identified against the agency that it had jurisdiction to hear and that there were no reasonable prospects of success. The judge also removed the second respondent from the proceedings under Rule 34.

The tribunal then dealt with the first respondent's application in relation to the claimant's remaining Regulation 12 claims under the Agency Workers Regulations 2010. It struck out the original allegations that HR would not allow the claimant to speak to managers or directors about the termination of his engagement on 25 January 2024, that HR ended the call on that date, and that the employee helpline said it could not help him on 27 January 2024. The tribunal found that these matters were not complaints about collective facilities or amenities, and that the helpline allegation in any event arose after the assignment had ended.

The tribunal also considered an additional allegation that the claimant had been asked to leave a meeting room on 23 January 2024. It concluded that this did not disclose an arguable Regulation 12 claim because the claimant was not alleging exclusion from a collective facility available to comparators, but a dispute about being asked to leave a booked room while making an emergency call. The judgment noted that the remaining whistleblowing detriment and race discrimination/victimisation claims would continue, and that earlier unfair dismissal, age discrimination and religion or belief complaints had already been dismissed upon withdrawal on 5 August 2024.