Claimant v Crowe UK LLP
Outcome
Individual claims
This preliminary hearing concerned only whether partnership-era claims were in time and whether bonus claims should be struck out. Tribunal found prima facie continuing act and declined to strike out, but did not determine liability on the merits.
Claimant alleged PCPs in LLP Deed (Age 65 Rule) and practices constituted indirect discrimination. Tribunal found prima facie case of continuing discriminatory state of affairs but made no findings on liability.
Claimant alleged victimisation in relation to bonus decisions after raising protected disclosures and discrimination concerns. Not substantively determined at this hearing.
Claimant alleged detriment under Fixed-term Employees Regulations and protected disclosure detriment. Tribunal declined to strike out but made no findings on liability.
Claimant alleged unlawful deductions relating to bonus payments based on alleged Remuneration Agreement. Tribunal found claims not bound to fail given factual disputes but made no determination on merits.
Facts
The claimant was a senior accountant who worked as a partner at the first respondent professional services firm from 2008 to 31 December 2020, when he turned 65. The LLP Deed contained retirement provisions with normal retirement age of 60, extension to 65 with agreement. After negotiations, he became a fixed-term employee from 31 December 2020 to 30 September 2022. He alleged that he was forced to relinquish his partnership due to his age, that promised remuneration arrangements were not honoured, and that he was subjected to detriments when he raised concerns about discriminatory treatment.
Decision
The tribunal refused the respondents' application to strike out the partnership claims as out of time, finding a prima facie case of conduct extending over a period that spanned both the partnership and employment periods. The tribunal also refused to strike out the bonus claims, finding they were not bound to fail given substantial factual disputes about the existence and content of an alleged Remuneration Agreement.
Practical note
A change in the statutory relationship between claimant and respondent within Part 5 of the Equality Act (e.g., from partner to employee) does not prevent earlier and later acts being considered as conduct extending over a period for time limit purposes if there is a prima facie case of a continuing discriminatory state of affairs.
Legal authorities cited
Statutes
Case details
- Case number
- 2200521/2023
- Decision date
- 12 March 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Crowe UK LLP
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Global Head of Social Purpose and Non-Profits
- Service
- 15 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister