HEARING Miss P M G Douglas v /Ministry of department for Work and Pensions and 4 others — 2021

The claimant presented an ET1 on 23 August 2021 naming five respondents and ticking age and race discrimination, together with other claims. The original rejection was reconsidered at a preliminary hearing by telephone on 20 September 2021 before Employment Judge D Hoey. The issue decided was jurisdiction and whether each respondent-specific claim should be accepted or remain rejected, not the substance of the allegations.

The tribunal accepted the claim against the first respondent as at the date of first presentation. The claimant said this arose from an unsuccessful application for a DWP job, and the tribunal noted that the Equality Act 2010 extends to job applicants under section 39. It also accepted the claims against the fourth and fifth respondents as at the date of first presentation, accepting the claimant's argument that the fourth and fifth respondents were acting jointly and that rule 8 could be satisfied on the material before it.

The claims against the second and third respondents remained rejected. The second respondent claim concerned a judge's decision on an application to change an order preventing proceedings in England and Wales, which the tribunal held was outside its jurisdiction. The third respondent claim concerned a Government body's handling of a complaint about the Irish Department of Social Protection; the claimant accepted that this was a service provision complaint, and the tribunal held that it was also outside its jurisdiction. No remedy or monetary award was made, and the tribunal noted that any question of transfer to England under Rule 99 could be considered later at case management if responses were received.