Ministry of Defence

1 of 17 EMPLOYMENT TRIBUNALS Claimant: Miss Hannah McCann Respondent: Ministry of Defence Heard at: Bristol (in public, by CVP) On: 17 December 2025 Before: Employment Judge C H O’Rourke Appearances For the Claimant: In person For the Respondent: Mr R Moretto - counsel RESERVED PRELIMINARY HEARING JUDGMENT The Respondent is not vicariously liable under s.109 of the Equality Act 2010, for the alleged acts of the trainer, Mr Pearson, as set out in paragraphs 2.1.2 to 2.1.4 of the list of issues. REASONS Background and Issues 1. The Claimant was a pilot under training at the Royal Naval Air Station (RNAS) Yeovilton. She failed her Final Aptitude Test on 4 May 2023, resulting in her being unable to pass to the next stage of pilot training and she eventually left service with the Royal Navy. 2. Her pilot training was provided by Babcock International Group plc (‘Babcock’), under contract with the Respondent, the MOD, in the person of, for some of the time, in the period February to May 2023, one of their employees, a Mr Pearson. 2 of 17 3. As a consequence, she brought a claim of sex discrimination, which is listed for final hearing from 18 to 29 May 2026. In that claim, she alleges acts of direct sex discrimination and harassment against Mr Pearson. 4. The Respondent applied on 13 May 2025, for strike out of the complaints against Mr Pearson on the basis that, he not being an employee or agent of the Respondent, it could not be held vicariously liable for any alleged discriminatory acts of Mr Pearson and accordingly that issue was listed for determination by today’s preliminary hearing. The Law 5. The Equality Act 2010 (as of February to May 2023) a. s.39(2) of the EA 2010 provides: 39 Employees and applicants ... (2) An employer (A) must not discriminate against an employee of A's (B)— (a) as to B's terms of employment; (b) in the way A affords B access,...