Claimant v Iron Mountain (UK) Services Limited
Outcome
Individual claims
Preliminary hearing determined the claimant was a worker for purposes of s.43K ERA 1996 protection. First Respondent conceded she was a worker under the extended definition including agency workers. Substantive claim not yet heard.
Preliminary hearing determined claimant was a contract worker under s.41 Equality Act 2010 in relation to the First Respondent. The claimant was employed by Bishops and supplied to Iron Mountain under a contract between them. Allegations are against First Respondent's team leaders and supervisors. Substantive claim not yet heard.
Preliminary hearing determined claimant was a contract worker under s.41 Equality Act 2010. Claimant's evidence confirmed all discriminatory and harassment actions were by Iron Mountain team leaders and supervisors. Substantive claim not yet heard.
Facts
The claimant was employed by Bishops Facilities Management (a recruitment agency working solely with Iron Mountain) and supplied to work at Iron Mountain's premises as a data entry operative from 2 July 2022. She was engaged on projects for the NHS and HMPO at Iron Mountain's Corby site. All day-to-day work control, training and management was by Iron Mountain. Bishops paid her wages based on timesheets from Iron Mountain. On 12 July 2023, Iron Mountain instructed Bishops to release the claimant and five other workers due to reduced volume. The claimant alleges discrimination, harassment and whistleblowing detriment by Iron Mountain team leaders and supervisors.
Decision
The tribunal determined this was a preliminary hearing on employment status. Both respondents conceded the claimant was a worker for whistleblowing purposes under s.43K ERA 1996. The tribunal found she was a contract worker in relation to the First Respondent under s.41 Equality Act 2010, being employed by Bishops and supplied under a contract between Bishops and Iron Mountain. The Second Respondent was removed from proceedings as all allegations were against Iron Mountain employees.
Practical note
Agency workers supplied under contracts between recruitment agencies and end-users are contract workers under s.41 EqA 2010 and workers under s.43K ERA 1996, giving them protection against discrimination and whistleblowing detriment by the principal/end-user.
Legal authorities cited
Statutes
Case details
- Case number
- 3312554/2023
- Decision date
- 9 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- data entry operative
- Service
- 1 years
Claimant representation
- Represented
- No