Miss K Paczkowska v Europia (Social Enterprise) Charity No. 1161453 and 1 other — 2020

At the preliminary hearing on 18 December 2019, Employment Judge McDonald considered the second respondent's application to strike out. The claimant had applied for a part-time administrator post with the first respondent and was successful, but said that on 13 November 2018 she first learned the job was being offered on a self-employed rather than employed basis and that she was distressed by that development. A further meeting took place on 15 November 2018, which she described as a mediation meeting.

The tribunal accepted the documentary evidence showing that the second respondent's role was limited to identifying the claimant as a potential candidate and liaising with the first respondent to keep track of her progress. It found nothing to suggest that the second respondent took part in the decision to offer the role on a self-employed basis. An email on 14 November 2018 between two of the second respondent's employees referred to the fact that the role did not mention freelance or self-employed work and asked for the first respondent to be contacted to find out what the mix-up was; the tribunal treated that email as consistent with the second respondent not having made the decision.

The tribunal also found no evidence that the second respondent took part in the events between 13 and 15 November 2018 that the claimant complained about. When asked to clarify the basis of her claim against the second respondent, the claimant said its involvement was important because it was needed to establish the facts. The tribunal held that, at most, the second respondent or its employees might have relevant evidence, but it could not see any basis for a claim against them under the Equality Act 2010. It therefore concluded that there were no reasonable prospects of the claimant succeeding against the second respondent and struck out all claims against it.