Sameena Bashir v The London Borough Of Barking & Dagenham & Ors

Sameena Bashir v The London Borough Of Barking & Dagenham & Ors

The Employment Tribunal erred in law by striking out the Equality Act and Agency Worker Regulation complaints without proper analysis of whether the 1st Respondent could arguably be liable for the actions of the 4th Respondent as an agent, and without substantive analysis of whether the alleged conduct formed part of a continuing act for time limit purposes. The Tribunal also failed to consider whether it was just and equitable to extend time for claims against the 2nd to 4th Respondents. The strike out decisions are set aside and the matter is remitted for reconsideration.

Parties
Appellant: Ms Sameena Bashir; 1st Respondent: The London Borough of Barking & Dagenham; 2nd Respondent: Three Angel Health Care Ltd; 3rd Respondent: Mr Arzumand Sabik; 4th Respondent: Mr Godwin Ibeawuchi
Jurisdiction
England and Wales
Judgment Date
26 September 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal allowed in part, strike out set aside, remitted for reconsideration
Legal Topics
Agency Worker Rights, Sex Discrimination, Race Discrimination, Victimisation, Automatic Unfair Dismissal, Practice and Procedure, Jurisdiction, Time Limits
Employment Law Discrimination Law Agency Worker Rights Sex Discrimination Race Discrimination Victimisation Automatic Unfair Dismissal Practice and Procedure +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Sameena Bashir

Appellant

The London Borough of Barking & Dagenham

1st Respondent

Three Angel Health Care Ltd

2nd Respondent

Mr Arzumand Sabik

3rd Respondent

Mr Godwin Ibeawuchi

4th Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in striking out Equality Act and Agency Worker Regulation complaints
  2. 2 Whether the claims were out of time and if extensions should be granted
  3. 3 Whether the 1st Respondent could be vicariously liable for acts of the 4th Respondent under section 109 Equality Act 2010

Ratio Decidendi

The Employment Tribunal erred in law by striking out the Equality Act and Agency Worker Regulation complaints without proper analysis of whether the 1st Respondent could arguably be liable for the actions of the 4th Respondent as an agent, and without substantive analysis of whether the alleged conduct formed part of a continuing act for time limit purposes. The Tribunal also failed to consider whether it was just and equitable to extend time for claims against the 2nd to 4th Respondents. The strike out decisions are set aside and the matter is remitted for reconsideration.

Court Disposition

appeal allowed in part, strike out set aside, remitted for reconsideration

Orders

  • Strike out of Equality Act and Agency Worker Regulation complaints set aside
  • Matter remitted to a different Employment Tribunal for reconsideration