Claimant v Supercar Italia Limited
Outcome
Individual claims
The Tribunal found it did not have jurisdiction to hear any claims under the Equality Act 2010. The Respondent was an employment service provider within s55 of the Act, and the Tribunal's jurisdiction was excluded by virtue of s56(5) of the Act.
Facts
The claimant brought claims under the Equality Act 2010 against Supercar Italia Limited. The case proceeded to a preliminary hearing to determine jurisdiction. The respondent was found to be an employment service provider within the meaning of section 55 of the Equality Act 2010.
Decision
The Tribunal held it did not have jurisdiction to hear the claimant's claims under the Equality Act 2010. Because the respondent was an employment service provider under s55 of the Act, the Tribunal's jurisdiction was excluded by s56(5), meaning the claims could not proceed.
Practical note
Employment service providers fall outside the jurisdiction of the Employment Tribunal for Equality Act claims under s56(5), even where discrimination may have occurred.
Legal authorities cited
Statutes
Case details
- Case number
- 2303802/2023
- Decision date
- 2 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep