Claimant v SCS Homecare Ltd

Outcome

Facts

The claimant was offered sponsored employment as a carer with a contractual start date of 25 November 2022. She attended a one-day induction on 03 November 2022 during which she observed care work but did not perform any herself. Mid-way through the induction day, she informed the respondent that she did not want to do caring work and left. She never returned to work, never completed training, was not DBS cleared until February 2023, was never paid, and was asked to return her uniform. The claimant contended she had been employed and continued working throughout.

Decision

The tribunal found that the claimant was never employed by the respondent. She retracted her acceptance of the job offer on 03 November 2022 before her contractual start date of 25 November 2022. The induction day was preparatory and collateral to any contract of employment, not performed under a contract of employment. All claims were dismissed.

Practical note

Legal authorities cited