Claimant v Bar Standards Board
Outcome
Individual claims
Claim 5.1.1 (relating to handling of Jones complaint in 2018) struck out as abuse of process under Henderson principles and issue estoppel. Claimant was aware of the complaint and its handling in 2018, mentioned it in previous ET proceedings which were dismissed as out of time. The reconsideration application to reinstate this claim was refused as there was no reasonable prospect of varying the strike-out judgment.
Harassment claims brought under s53 Equality Act 2010 struck out. Tribunal found s53(3) only protects conduct relating to 'conferment' (deciding whether to register/continue registration as barrister). Respondent was acting in investigation and enforcement capacity, not conferment capacity, when investigating complaints. Therefore no jurisdiction under s53. Reconsideration refused.
Facts
The claimant, a barrister, brought discrimination claims against the Bar Standards Board relating to their handling of complaints made against her. In 2018, a neighbour Francis Jones made a complaint which was dismissed. The claimant knew of this complaint and its outcome and mentioned it in previous 2018 ET proceedings which were dismissed as out of time. The claimant later claimed additional complaints and documents were not disclosed until May 2023. At a preliminary hearing, claim 5.1.1 (relating to the 2018 Jones complaint handling) was struck out as abuse of process and issue estoppel, and harassment claims under s53 Equality Act 2010 were struck out for lack of jurisdiction. The claimant applied for reconsideration of these strike-outs.
Decision
The reconsideration application was refused on paper. The tribunal found no reasonable prospect of varying the strike-out judgment. Claim 5.1.1 was properly struck out as the claimant knew the relevant facts in 2018 and could and should have raised them in her previous proceedings. The s53 harassment claims were properly struck out as s53(3) only covers conduct relating to conferment of professional status, not investigation and enforcement activities. The claimant's other claims (5.1.2 onwards) remained live and had not been struck out.
Practical note
Section 53 Equality Act 2010 does not provide jurisdiction for harassment claims against professional regulators when they are acting in their investigation and enforcement capacity rather than making decisions about conferment of professional qualifications or registration.
Legal authorities cited
Statutes
Case details
- Case number
- 1305343/2023
- Decision date
- 3 November 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- Yes
Employment details
- Role
- Barrister
Claimant representation
- Represented
- No