Mr S Irving, Trade Union Representative, (NSTN). For the First v Miss J Barnet, Lay Representative. For the Second Respondent: Mr L Millington, Solicitor. — 2022

Ms Williams brought claims arising from work as a supply teacher supplied by Step Teachers Ltd to Synergy Multi Academy Trust. At the strike-out hearing she relied on witness statements and an impact statement from her daughter, but neither attended to give oral evidence. The judge said that evidence from absent witnesses had to be treated with circumspection. The discrimination complaint was based on the claimant's daughter's asthma and the decision to end the assignment when Ms Williams said she could not return to teach in person during the Covid lockdown.

The tribunal held that the disability discrimination claim was out of time under section 123 of the Equality Act 2010. The alleged act was on 22 May 2020 and early conciliation did not begin until 7 October 2020, after the three-month limit expired on 21 August 2020. Applying the just and equitable discretion, the judge referred to Cohan v Derby Law Centre, the Keeble checklist, Abertawe Bro Morgannwg University Local Health Board v Morgan, Robertson v Bexley Community Services and Chief Constable of Lincolnshire v Caston. The tribunal said that sections 15 and 20 do not support associative discrimination, and that while section 13 can in principle cover associative direct discrimination, the documentary email indicated that the operative reason for ending the assignment was that Ms Williams was not able to go to work, not the daughter's disability.

The Agency Worker Regulations claims were not struck out and were left for final hearing. The judge recorded a claimed equal-pay rate of £189.95 a day compared with £140 a day until December 2019 and £175 a day thereafter, producing a claimed shortfall of £2,200. The issues identified included regulation 5 pay and conditions, regulation 16 information requests, and alleged detriment when Ms Williams was not interviewed for a permanent post, but the judge said no regulation 13 vacancies claim was sustainable after discussion. No deposit order was made, and time under regulation 18 was left for the final hearing because of the potential continuing-act issue.