Claimant v Gogar Services Limited

Outcome

Facts

The claimant, a truck mechanic, provided services to the respondent through his own limited company (Tadeusz Kulik Transport Limited) from April to November 2023. He submitted a written offer on behalf of his company to provide services at £19 plus VAT per hour, which included a right to substitute his performance for that of his business partner. The claimant worked 8am-4pm Monday-Friday, owned his own tools and equipment, and invoiced the respondent through his company. The relationship ended in November 2023 following an altercation. The claimant then brought discrimination claims, requiring him to establish worker or employee status.

Decision

The tribunal dismissed the discrimination claims on jurisdictional grounds, finding that the claimant was neither an employee nor a worker. The critical finding was that the claimant had an unfettered right to substitute another person to perform the work, which was fatal to establishing worker status under section 83(2) of the Equality Act 2010. The tribunal emphasized that both parties intended the claimant to provide services through his limited company with the right to substitute, and this was reflected in the actual contractual arrangements.

Practical note

Legal authorities cited