Alistair Patterson v Department For International Trade — 2020

The claimant presented a claim on 3 October 2019 arising from an unsuccessful application for the post of International Trade Trainee with the Department for International Trade. At a preliminary hearing on 14 February 2020, the tribunal identified a disability reasonable adjustments claim under sections 20 and 21 of the Equality Act 2010 and a separate claim under section 63F of the Employment Rights Act 1996 concerning study or training rights.

This judgment dealt only with the section 63F claim. The claimant accepted that he had never been an employee of the respondent, but argued that section 39(2)(b) of the Equality Act 2010 and notions of staff development meant that prospective employees should have training or learning opportunities. The tribunal rejected that submission, holding that the Equality Act 2010 and the Employment Rights Act 1996 are separate regimes and that the ERA right in issue was limited to qualifying employees with 26 weeks' continuous service.

Applying rule 37 of the Employment Tribunal Rules of Procedure 2013, the tribunal held that the claim had no reasonable prospects of success. On the claimant's own case he was an applicant for employment, had never been employed by the respondent, and did not have the required period of continuous service. The section 63F claim was therefore struck out. The tribunal recorded that the remaining Equality Act 2010 disability claim would proceed to a final hearing listed for two days after 22 February 2021, with case management orders made by consent.