ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103196/2022 & 4101423/2023 Preliminary Hearing in Chambers on August 2024 Employment Judge: M A Macleod John Halley v The Right Honourable Lady Smith and 1 other — 2024

At a preliminary hearing in chambers, the tribunal considered a single jurisdictional issue: whether the claimant, John Halley, had status to bring Equality Act 2010 discrimination claims as either a holder of a public office under s.50(2) or, failing that, as a worker. The tribunal treated the letters of 28 August 2015 and 4 September 2015 as agreed material. Those documents showed that the Cabinet Secretary’s section 39 determination under the Inquiries Act 2005 fixed the hourly rate at £140 plus VAT and dealt with remuneration and expenses, while Susan O’Brien QC, as Chair of the Historical Child Abuse Inquiry, appointed the claimant as Lead Junior Counsel.

Applying s.50(2)(b) Equality Act 2010, the tribunal held that the claimant was not appointed on the recommendation of, or subject to the approval of, a member of the executive. It found that the executive approved funding and expenses only, not the appointment itself, and that the chair of the inquiry had the power to appoint counsel. The tribunal also rejected the argument that the appointment amounted to worker status under s.83(2)(a). It held that the claimant was acting as a practising Advocate and independent self-employed practitioner, and that the authorities cited, including O’Brien, Gilham and Pimlico Plumbers, did not assist on the facts.

The tribunal therefore concluded that the claimant lacked the status and eligibility of either a public office holder or a worker needed to maintain claims under the Equality Act 2010. The claims against both respondents were dismissed for want of jurisdiction, and no merits finding or remedy was made.