Claimant v Torquay Golf Club Limited
Outcome
Individual claims
This was a preliminary hearing to determine employment status only. The tribunal found the claimant was under a contract to personally do work and therefore satisfied the definition of employment under section 83(2)(b) of the Equality Act 2010, giving the tribunal jurisdiction to hear her discrimination claims. The substantive claims have not yet been determined.
Facts
This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claimant's Equality Act claims. The respondent challenged whether the claimant had the necessary employment status. Both parties were represented by counsel at a remote video hearing.
Decision
The tribunal found that the claimant satisfied the definition of employment under section 83(2)(b) of the Equality Act 2010 as she was under a contract to personally do work. The tribunal therefore has jurisdiction to consider her claims under the Act.
Practical note
A worker under a contract to personally do work has sufficient employment status to bring claims under the Equality Act 2010, even if not an employee in the strict sense.
Legal authorities cited
Statutes
Case details
- Case number
- 1401938/2024
- Decision date
- 8 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister