Claimant v Togetherall Limited
Outcome
Individual claims
The tribunal found that between 15 July 2020 and 17 September 2022, the claimant was not an employee but was engaged under a consultancy agreement as a self-employed contractor. Despite becoming an employee on 18 September 2022, she lacked the requisite two years' qualifying service to bring an unfair dismissal claim, as she resigned on 16 May 2024.
The respondent accepted that at all material times the claimant was disabled within the meaning of the Equality Act 2010 by reason of dyslexia. The tribunal made this determination but did not rule on the discrimination claim itself at this preliminary hearing; issues of respondent's knowledge remain in dispute.
Facts
The claimant worked for the respondent from 15 July 2020 under a consultancy agreement, providing services as a Wall Guide for at least two six-hour sessions per week. On 18 September 2022, she was offered and accepted a contract of employment which expressly stated she had no continuity of service before that date. The claimant resigned on 16 May 2024 and brought claims including constructive unfair dismissal. The claimant has dyslexia, which the respondent accepted amounted to a disability under the Equality Act 2010.
Decision
The tribunal found the claimant was disabled by reason of dyslexia but determined that she was not an employee between 15 July 2020 and 17 September 2022. Despite finding personal service, mutuality of obligation, control, and organisational integration, the overall assessment was that the parties did not intend to create an employment relationship, as evidenced by the consultancy agreement terms, invoicing arrangements, and the claimant's own conduct. Consequently, the unfair dismissal claim was dismissed for lack of qualifying service.
Practical note
Employment status turns on overall assessment of all factors, not just mutuality and control: even where those thresholds are met, express terms, tax treatment, and parties' conduct can tip the balance against employee status.
Legal authorities cited
Statutes
Case details
- Case number
- 6015455/2024
- Decision date
- 11 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Wall Guide
- Service
- 4 years
Claimant representation
- Represented
- No