Ms Amelia Ross v Select Fashion Ltd and 1 other — 2023

The preliminary hearing determined whether the Employment Tribunal had jurisdiction to consider the claimant's Equality Act claims against Select Fashion Ltd in light of a Company Voluntary Arrangement approved on 22 May 2023. The respondents argued that the CVA required the claimant to discontinue the first claim against the first respondent and that the supervisors would instead adjudicate the claim.

The tribunal found that, in the absence of a statutory moratorium or court-granted moratorium, the tribunal's jurisdiction under section 120(1) of the Equality Act 2010 was not ousted by the CVA. It also concluded that the CVA dispute resolution process did not provide effective protection of the claimant's rights derived from EU law, because the process did not set out how the complaints would be adjudicated and would be determined by insolvency practitioners rather than a specialist Employment Tribunal.

The tribunal determined that it did have jurisdiction to hear the claimant's claims. It invited further written submissions on the consequences of that finding and directed that the case be listed with case number 3308093/2023 for a further preliminary hearing on issues, case management and listing.