Ms J Campbell v London Borough of Waltham Forest and 3 others — 2021

This was a preliminary hearing on applications to strike out claims, or alternatively make deposit orders, against the Second, Third and Fourth Respondents, and on the Second Respondent's application for an anonymity order. The underlying allegations were that the Second Respondent's conduct between August 2019 and July 2020 amounted to direct and indirect race discrimination, harassment and victimisation. The First Respondent accepted that it would be liable for any conduct by the Second Respondent found to amount to unlawful discrimination.

The Tribunal refused to strike out the claim against the Second Respondent. It held that, if the Claimant proved her case, personal liability could be established against the Second Respondent and the First and Second Respondents could be jointly and severally liable.

The Tribunal struck out all complaints against the Third Respondent. It held that negligence was outside the Tribunal's jurisdiction; that the Claimant had withdrawn earlier contentions based on the Third Respondent being Ms Jacobs' employer or principal; that there was no sufficient factual basis for agency liability; that the allegation that the Third Respondent instructed, caused or induced the termination was unsupported; that the employment service provider argument did not relate to the provision of recruitment services; and that the Section 41 Equality Act 2010 argument was not reasonably arguable.

The Tribunal refused to strike out the complaint against the Fourth Respondent based on its potential liability as Ms Jacobs' employer under Section 109(1) Equality Act 2010. It struck out the alternative complaint that the Fourth Respondent was liable for the Third Respondent's acts as agent. The Second Respondent's renewed application for an anonymity order was refused because the issue had already been determined and there were no new circumstances.