Bashir v London Borough of Barking & Dagenham & Ors (Practice and Procedure - Sex Discrimination - Agency Worker) [2024] EAT 154 (26 September 2024)

Bashir v London Borough of Barking & Dagenham & Ors (Practice and Procedure - Sex Discrimination - Agency Worker) [2024] EAT 154 (26 September 2024)

The Employment Tribunal erred in law by striking out the Equality Act and Agency Worker Regulation complaints without proper analysis of whether the 4th Respondent could arguably be an agent of the 1st Respondent and whether the alleged conduct formed part of a continuing act. 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.

Citation
[2024] EAT 154
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
United Kingdom
Judgment Date
26 September 2024
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision Striking Out Claims
Outcome
Appeal allowed in part; strike out of Equality Act and Agency Worker Regulation complaints set aside; matter remitted for reconsideration by a different Employment Tribunal.
Legal Topics
Agency Worker Rights, Sex Discrimination, Race Discrimination, Harassment, Victimisation, Automatic Unfair Dismissal, Protected Disclosures, Jurisdiction, Time Limits
Employment Law Equality Law Agency Worker Rights Sex Discrimination Race Discrimination Harassment Victimisation Automatic Unfair Dismissal +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 Tribunal / Appeal From Preliminary Hearing Decision Striking Out Claims

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 or had no reasonable prospect of success
  3. 3 Whether the 1st Respondent could be vicariously liable for acts of the 4th Respondent as agent

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 4th Respondent could arguably be an agent of the 1st Respondent and whether the alleged conduct formed part of a continuing act. 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 of Equality Act and Agency Worker Regulation complaints set aside; matter remitted for reconsideration by a different Employment Tribunal.

Orders

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