Claimant v Whitehead Building Services Ltd

Outcome

Facts

The claimant, an electrical installer, was engaged through Sphere Solutions Ltd (a recruitment agency) to work at a construction site in Abergavenny managed by the second respondent with the first respondent as services subcontractor. He attended site on 10 June 2024 and was asked to leave shortly after. He worked through an umbrella company (Crest Plus) under the CIS construction scheme as a self-employed contractor. The claimant brought claims for disability discrimination, age discrimination and victimisation against both respondents on the basis he was a contract worker under s41 Equality Act 2010.

Decision

The tribunal dismissed all claims, finding the claimant was not a contract worker under s41 Equality Act 2010. The claimant was self-employed, trading on his own account, not employed by Sphere. Sphere had no contractual control, no supervision function, and there was no mutuality of obligation. The claimant provided his own tools, bore the risk of non-payment, and was free to accept or refuse work. The first respondent was not a principal as the claimant was not employed by Sphere, and the second respondent had no contract with Sphere and was too removed from the engagement.

Practical note

Legal authorities cited