Claimant v Lancashire County Council
Outcome
Individual claims
The tribunal determined the claimant was an employee during individual assignments from 1 May 2023 onwards, but not between assignments. The issue of continuity of employment necessary for unfair dismissal was not decided at this preliminary hearing and remains to be determined.
The tribunal found the claimant was employed under a series of individual employment contracts during assignments from 1 May 2023, thus establishing employee status for breach of contract purposes. The substantive merits of the claim remain to be determined.
The respondent accepted the claimant was a worker and employee within the Equality Act 2010 sense. This preliminary hearing addressed only employment status for ERA purposes, not the merits of the discrimination claim.
Facts
The claimant worked for the respondent from 2011, initially as a casual worker, then in guaranteed hours roles from July 2014 to April 2016 and April 2016 to May 2023. In March 2023, she resigned from her 37-hour permanent contract to work as a casual worker only. She worked casually from May 2023 until December 2023, when she went on sick leave. In January 2024, she was informed her casual post had been terminated. The claimant claimed she was an employee throughout, while the respondent argued she was only a worker when working casually.
Decision
The tribunal held there was no over-arching contract of employment from May 2023 to January 2024 due to lack of mutuality of obligation between assignments. However, during each individual assignment when the claimant actually worked, she was employed under a contract of employment. The tribunal applied the tests from Stephenson and Drake, finding mutuality of obligation and sufficient control during actual work periods, with other contractual provisions not inconsistent with employee status.
Practical note
Casual workers with no obligation to accept work and no guaranteed hours may still be employees during individual assignments when they actually work, even if there is no over-arching contract of employment between those assignments.
Legal authorities cited
Statutes
Case details
- Case number
- 2403221/2024
- Decision date
- 2 July 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Lancashire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Casual Community Support Worker / Care Assistant
- Service
- 12 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep