Miss Ajiga v The Chimneys Ltd and 2 others — 2023

This was a preliminary hearing on strike-out and deposit issues. The claimant had been employed by the third respondent from 12 December 2020 and began an agency assignment with the first/second respondent on 14 December 2020. The tribunal recorded that she had pleaded direct sex discrimination, harassment related to sex, sexual harassment, religious discrimination, and agency-worker discrimination/victimisation, and that two additional claims were later withdrawn.

The tribunal dismissed upon withdrawal the negligence claim arising from the eye injury said to have been sustained on 1 March 2021 and the misrepresentation claim against the third respondent arising from a conversation on 28 February 2021. It held that those claims fell outside its jurisdiction. The tribunal then struck out the agency-worker discrimination/victimisation claim under Rule 37(1). It found that agency worker status is not a protected characteristic under the Equality Act 2010, that the alleged treatment between 9 and 12 February 2021 was already out of time on the tribunal's analysis when Acas was contacted, and that the complaint about janitorial duties did not fall within the Agency Worker Regulations 2010.

The amended direct religious discrimination claim was not struck out and no deposit order was made. The tribunal said it would be premature to strike it out because the claim turned on disputed factual issues requiring full evidence at a final hearing, and it cited Anyanwu in that context. It also noted that the claimant had not yet shown a causal link between telling the second respondent she was a Christian on 1 March 2021 and the later events, but that this issue should be determined at the merits hearing. The remaining pleaded claims were therefore left to continue.