Claimant v AT Transport Solutions Ltd
Outcome
Individual claims
This was a preliminary hearing on employment status and continuity of service. The tribunal determined that the claimant had been continuously employed for more than two years, establishing jurisdiction to hear the unfair dismissal claim. The merits of the unfair dismissal claim have not yet been determined.
Facts
The claimant worked for the respondent, a transport solutions company, from 1 April 2022 to 3 May 2024. The respondent disputed that the claimant was an employee during the period August to December 2022, arguing she was self-employed during that time, which would have broken her continuity of service and prevented her from meeting the two-year qualifying period for unfair dismissal protection.
Decision
The tribunal determined that the claimant was an employee throughout the entire period from 1 April 2022 to 3 May 2024, including the disputed period between August and December 2022. Her continuous employment was not broken, meaning she had more than two years' service at termination and the tribunal has jurisdiction to hear her unfair dismissal claim.
Practical note
Employment status must be determined by examining the reality of the working relationship rather than labels the parties apply, and purported changes to self-employment status may not break continuity where the underlying employment relationship continues.
Legal authorities cited
Statutes
Case details
- Case number
- 3306629/2024
- Decision date
- 14 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No