Claimant v Service Care Solutions Ltd
Outcome
Individual claims
The tribunal found there was no contract of employment between the claimant and either respondent. The claimant was to be an agency worker, not an employee. The Assignment Details Form clearly set out the roles: SCS was the employment agency, Lambeth Council was the hirer, and Sapphire DNP (an umbrella company) was to be the employer. The claimant accepted she was not an employee of either respondent. Without a contract of employment, no breach of contract claim could succeed.
Facts
The claimant was offered an agency role as Business Support Officer through Service Care Solutions (an employment agency) to work at London Borough of Lambeth. She was to be paid £19/hour through an umbrella company, Sapphire DNP. Before she started work, and after completing onboarding paperwork, Lambeth Council withdrew the offer on 12 September 2024 due to a recruitment freeze. The claimant had signed an Assignment Details Form clarifying her status as an agency worker.
Decision
The tribunal dismissed the breach of contract claim, finding no contract of employment existed between the claimant and either respondent. The Assignment Details Form clearly established the parties' roles: SCS as agency, Lambeth as hirer, and Sapphire DNP as the intended employer. The claimant herself accepted she was not an employee of either respondent, and the tribunal found no basis to imply a contract to give business reality to the relationship.
Practical note
Agency workers whose offers are withdrawn before starting work cannot bring breach of contract claims against the agency or end-user unless they can establish they were actually employees rather than workers in a triangular arrangement.
Legal authorities cited
Statutes
Case details
- Case number
- 6019335/2024
- Decision date
- 22 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Business Support Officer
Claimant representation
- Represented
- No