In person For the First v Mr Nigel Brain – Non practising solicitor For the Second Respondent: Mr Simon Pender - Solicitor — 2021

This was a public preliminary hearing on 28 October 2021 before Employment Judge A M Buchanan. The tribunal determined that the claimant was not dismissed by the first respondent, GI Group Recruitment Limited, on 14 August 2019, so the unfair dismissal complaint against that respondent was dismissed. It also held that the claimant was not an employee of the second respondent, BMW (UK) Manufacturing Limited, for the purposes of section 230 of the Employment Rights Act 1996, so any unfair dismissal complaint against the second respondent was also dismissed.

The tribunal made separate preliminary findings on the disability discrimination complaints. As against the first respondent, the claim was allowed to proceed to a full hearing through the gateway provided by section 39 of the Equality Act 2010. As against the second respondent, the tribunal found the claim was outside the ordinary three-month time limit in section 123(1)(a), but that it had been brought within such further period as was just and equitable under section 123(1)(b), so it could proceed to a final hearing through the gateway provided by section 41 of the Equality Act 2010. No monetary remedy was determined in this judgment.