Ms Jordene Phillips-Gaynor, Family Member For the v Mr Paul Brill, Solicitor — 2023

This was a strike-out hearing. By agreement, and on the basis that any discriminatory acts by the third respondent would be met by the first respondent through vicarious liability, the third respondent was released and the claims against her were dismissed on withdrawal. The tribunal also struck out the complaints that the claimant had been automatically unfairly dismissed because of fixed-term worker status, that the ending of his engagement was less favourable treatment as a fixed-term worker, and that he had been automatically unfairly dismissed for health and safety reasons, because those complaints had no reasonable prospects of success.

The tribunal found that the claimant was engaged by the first respondent as an agency worker, not as a fixed-term worker, and that his assignment at Amazon Barking, although expected to last 39 weeks, ended after about five weeks. The first respondent said this was because requirements at Barking were reduced. The claimant said some workers were retained, that many were of Asian descent, and that he is Black British Caribbean. The tribunal said it was not clear what role the first respondent had in deciding who stayed and who left, so the race and age discrimination complaints could not be struck out at that stage.

The tribunal also said it was not clear whether the claimant had been dismissed, noting that the absence of a P45 was not determinative. On that basis, the direct discrimination allegations linked to the end of the assignment, the move to Dartford, and dismissal were left to the final hearing. The same applied to the breach of contract issues about unpaid notice pay and the alleged £2,000 sign-on bonus. The health and safety dismissal complaint failed because the reason for refusing the Dartford work was found to be added travel time and convenience rather than health and safety.