K Regula v Compass Group UK & Ireland Ltd and 1 other — 2025

Employment Judge Shastri-Hurst heard this matter at Reading on 26 November 2025 as a public preliminary hearing to clarify the issues and consider the first respondent's strike-out application. The claimant K Regula brought claims of age discrimination, discrimination arising from disability and unauthorised deduction of wages, all relating to her not receiving a pay rise from £12.45 to £12.95 per hour in January 2023, while she was employed by Compass Group UK & Ireland Ltd as a supervisor on its contract with the Royal Free London NHS Foundation Trust (her employment subsequently transferred under TUPE on 1 February 2024).

The Judge found that on the claimant's own case, in her ET1, internal grievance correspondence and oral submissions, the reason for the lack of pay rise was that she was on Agenda for Change (AfC) contractual terms which did not include the relevant uplift, rather than any of the protected characteristics or any unauthorised deduction. The respondents accepted the claimant did not receive the increase, but said it reflected her contract type, and noted her London Weighting of £2.20 per hour put her overall hourly rate at £14.65, above the £12.95 received by colleagues.

Applying the legal framework on strike-out, including Anyanwu v South Bank Student Union and the rule 38 jurisdiction, the Judge concluded there was no reasonable prospect of a tribunal finding the lack of pay rise was because of age or something arising from disability, or amounted to an unauthorised deduction. The claim against the first respondent was struck out, and consequently the TUPE-transferred claim against the second respondent was also struck out.