in-person For the v Respondent — 2023

At a preliminary hearing on 10 May 2023, Employment Judge George considered the respondent's strike-out application and the claimant's race discrimination complaint. The tribunal first addressed time. It held that, subject to the allegations being well-founded, the matters relied on by the claimant could be treated as a continuing act extending to early September 2022, so the claim had been presented in time under s.123 Equality Act 2010.

The tribunal then turned to whether the claim had any reasonable prospect of success against Specsavers Optical Group Ltd. It accepted that the claimant had worked as a locum hearing aid dispenser at Specsavers Ashford through a contract with Ashford Visionplus Limited, which was not the respondent to these proceedings. It also found that the claimant's own case was that Pathway Approval would lead to becoming a joint venture partner and buying shares in a Specsavers hearcare business, rather than entering employment with Specsavers Optical Group Ltd.

Relying on the evidence about the Specsavers structure and the approach in Patel v Specsavers Optical Group Ltd, the tribunal concluded there was no reasonable prospect of the claimant establishing that he was, or had applied to enter, a contract of employment or other contractual relationship with the respondent within s.83(2) Equality Act 2010. On that basis the race discrimination claim was struck out under rule 37(1)(a) of the Employment Tribunals Rules of Procedure 2013. The judgment recorded no remedy award.