Mr W Matthaus v Huntswood CTC Limited and 2 others — 2025

Following a public preliminary hearing at Manchester on 12 and 13 September 2024 (and in chambers on 1 October 2024), Employment Judge McDonald determined preliminary issues in a claim brought by Mr W Matthaus against Huntswood CTC Limited, Mr K Stone and Lloyds Bank PLC. The claimant had alleged unfair dismissal and direct discrimination because of sex, race and religion or belief, arising from his engagement on a Lloyds project via Huntswood between November 2014 and September 2015. The unfair dismissal complaint against the First and Third Respondents was withdrawn and dismissed on withdrawal.

On employment status for the purposes of s.83(2) of the Equality Act 2010, the tribunal found the claimant was an employee of Huntswood but was not an employee of Lloyds, holding there was no necessity to imply a contract between the claimant and Lloyds. The direct discrimination complaints under s.13 Equality Act 2010 (the Pay, Blacklisting and Notice allegations on grounds of race, religion or belief, and sex) were not presented within the applicable time limit, and the tribunal found it was not just and equitable to extend time.

The direct sex discrimination complaint about being paid a lower day rate than female comparators for the same work failed because, under s.70(1) Equality Act 2010, s.39(2) has no effect where a sex equality clause applies or would apply; following Shaikh, such a complaint should be brought under the equality of terms provisions. The tribunal refused the claimant's application to re-label the complaint as an Equal Pay claim. The claims against all three respondents were dismissed.