Mr Abdolreza Ahari v NHS Education for Scotland and 1 other — 2019

This was a preliminary hearing on 14 August 2019 concerning the remaining Equality Act 2010 allegations against NHS Education for Scotland and Dr Wilson arising from Dr Wilson's conduct in 2018. The tribunal noted that earlier allegations had already been disposed of as res judicata and/or out of time in the reserved judgment sent to the parties on 15 April 2019, leaving only allegations dated 28 March 2018 and 21 October 2018. The respondents applied to strike out the remaining claims on the basis that Dr Wilson was not, at the material time, an employee or agent of NES.

After hearing evidence from Dr Wilson, Professor McLellan and Dr Ahari, and applying the caution required when considering strike-out in discrimination cases, the tribunal accepted Dr Wilson's evidence, corroborated by Professor McLellan, that his agency role with NES had ended in 2005. It rejected Dr Ahari's reliance on the speciality advisor contract, a 2005 website printout, Dr Wilson's involvement with the West of Scotland Society for Anaesthetics, hearsay evidence about exclusion from Society meetings, and speculation about Dr Wilson's retirement date, finding that none of those matters showed that Dr Wilson was acting for NES in 2018.

The tribunal held that Dr Wilson was neither an employee nor an agent of NES on the relevant dates in 2018. It therefore concluded that NES could not be vicariously liable under section 109 of the Equality Act 2010 and that Dr Wilson could not be personally liable under section 110. The remaining Equality Act claims were struck out under rule 37(1)(a) as having no reasonable prospect of success. The tribunal also ordered Dr Ahari to pay £2,500 in expenses to NES under rule 76(1)(b), taking account of the lack of reasonable prospects and Dr Ahari's stated means.