Cases2600542/2024

Claimant v Grant Thornton

27 March 2025Before Employment Judge Robin BroughtonNottinghamremote video

Outcome

Partly successful

Individual claims

Automatic Unfair Dismissalstruck out

Tribunal determined claimant was a worker but not an employee as defined by section 230 ERA 1996. Only employees can bring automatic unfair dismissal claims under section 103A. Claim struck out for lack of jurisdiction.

Redundancy Paystruck out

Claimant was not an employee and did not have two years' service. No contractual entitlement to redundancy payment established. Claim struck out for lack of jurisdiction under section 135 ERA.

Breach of Contractstruck out

Claimant was found to be a worker not an employee. Only employees can bring breach of contract claims in the Employment Tribunal pursuant to Article 3 Employment Tribunals Extension of Jurisdiction Order 1994. Struck out for lack of jurisdiction.

Whistleblowingnot determined

Claim under section 47B ERA for whistleblowing detriment can proceed as worker status is sufficient. Claimant alleges three detriments: early cancellation of assignment, not being offered Birmingham assignment, not being offered Oxford University placement. To be determined at final hearing.

Unlawful Deduction from Wagesnot determined

Claim under section 13 ERA for 5 days unpaid wages can proceed as claimant has worker status. Amount in dispute to be clarified and determined at final hearing.

Holiday Paynot determined

Claim under Working Time Regulations 1998 can proceed as worker status is sufficient. Respondent contends they already paid £234.43 gross for holiday accrued. Claimant was not in position to confirm amount outstanding. To be determined at final hearing.

Facts

Claimant worked for respondent Grant Thornton Agile Talent Solutions Limited on a single assignment from 20 November to 1 December 2023 as an Independent Consultant. She was engaged under an Assignment Only Worker Agreement stating she was not an employee. The assignment was terminated early without notice. Claimant brought claims including automatic unfair dismissal for whistleblowing, redundancy pay, breach of contract, unpaid wages and holiday pay.

Decision

Tribunal determined claimant was a worker but not an employee under s.230 ERA 1996. Despite significant control during the assignment, the short duration, lack of mutuality of obligation outside assignments, clear contractual terms, and parties' intentions meant employment status was not established. Claims requiring employee status (automatic unfair dismissal, redundancy, breach of contract) were struck out for lack of jurisdiction. Whistleblowing detriment, unpaid wages and holiday pay claims allowed to proceed.

Practical note

Even with significant day-to-day control and integration during an assignment, clear contractual documentation stating worker (not employee) status, combined with no mutuality of obligation between assignments and very short duration of work, can prevent worker status escalating to employee status for gig economy/assignment-based arrangements.

Legal authorities cited

Ready Mixed Concrete v Minister of Pensions [1968] 2 QB 497Bates van Winkelhof v Clyde & Co Limited [2014] UKSC 32Carmichael v National Power Plc [1999] ICR 1126Cotswold Developments Construction Limited v Williams [2006] IRLR 181Massey v Crown Life Insurance Co 1978 ICR 590Stringfellow Restaurants Ltd v Quashie 2013 IRLR 99McMeechan v The Secretary of State for Employment [1997] ICR 549Cornwall County Council v Prater [2006] ICR 731Drake v Ipsos Mori UK Limited [2012] IRLR 973

Statutes

ERA 1996 s.47BERA 1996 s.13ERA 1996 s.135Working Time Regulations 1998Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 Article 3ERA 1996 s.230ERA 1996 s.103A

Case details

Case number
2600542/2024
Decision date
27 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
solicitor

Employment details

Role
Independent Consultant

Claimant representation

Represented
No