Cases2218819/2024

Claimant v Nature Alpha Group Limited

25 May 2025Before Employment Judge JoffeLondon Centralin person

Outcome

Other

Individual claims

Equal Pay(sex)not determined

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.

Direct Discrimination(sex)not determined

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.

Breach of Contractnot determined

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

Bolch v Chipman [2004] IRLR 140Mechkarov v Citibank NA [2016] ICR 1121Balls v Downham Market High School [2011] IRLR 217Abertawe Bro Morgannwg University Health Board v Ferguson [2013] ICR 1108Emuemukoro v Croma Vigilant (Scotland) Ltd [2022] ICR 327Autoclenz Ltd v Belcher [2011] UKSC 41Jivraj v Hashwani [2011] ICR 1004Bates van Winkelhof v Clyde and Co LLP [2014] ICR 730White v Troutbeck SA [2013] IRLR 949Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools [2013] IRLR 219Blockbuster Entertainment Ltd v James [2006] IRLR 630Glasgow City Council v Zafar [1998] ICR 120Bennet v London Borough of Southwark [2002] IRLR 407De Keyser Ltd v Wilson [2001] IRLR 324

Statutes

Employment Tribunals Rules of Procedure 2024 r.38(1)(b)Employment Tribunals Rules of Procedure 2024 r.38(1)(a)Employment Rights Act 1996 s.230Equality Act 2010 s.79Equality Act 2010 s.83

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