Claimant v Nature Alpha Group Limited
Outcome
Individual claims
Preliminary hearing found the claimant was an employee under the Equality Act 2010, but the alleged comparators (Srivastava, Kato, Azzari) were not employees and therefore not valid comparators under s.79 EqA 2010. The tribunal indicated the equal pay claim likely must fail, but invited submissions on the effect of these preliminary findings.
Not determined at this preliminary hearing. The claimant was found to be an employee under the Equality Act 2010, allowing the claim to proceed to a substantive hearing.
Preliminary hearing found the claimant was not an employee under the Employment Rights Act 1996, indicating the tribunal likely lacks jurisdiction. Tribunal invited submissions on the effect of this finding.
Facts
The claimant, a data scientist, worked for the respondent startup from December 2021 to November 2023 under consultancy agreements. She was initially paid £2,000 per month, held the title of CTO then Chief Scientific Officer, and eventually was offered an employment contract for £10,000 per month which was never finalised. She resigned in November 2023 due to late payment and discovering male comparators were paid more. She claimed equal pay, sex discrimination, and breach of contract. The respondent argued she was always a consultant, not an employee or worker.
Decision
The tribunal found the claimant was an employee under the Equality Act 2010 (allowing discrimination and equal pay claims to proceed) but not under the Employment Rights Act 1996 (likely barring breach of contract claims). However, the tribunal found her alleged equal pay comparators (Srivastava, Kato, Azzari) were not employees and thus not valid comparators under s.79 EqA, meaning her equal pay claim would likely fail. The tribunal also refused to strike out the respondent's response despite carelessness in disclosure, finding the errors were not deliberate and a fair trial remained possible.
Practical note
Startup consultancy arrangements can create Equality Act worker status without full Employment Rights Act employee status, but equal pay claims fail if comparators are genuinely engaged through a corporate intermediary rather than personally.
Legal authorities cited
Statutes
Case details
- Case number
- 2218819/2024
- Decision date
- 25 May 2025
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Chief Technical Officer / Chief Scientific Officer
- Salary band
- £20,000–£25,000
- Service
- 2 years
Claimant representation
- Represented
- No