Claimant v London Borough of Tower Hamlets

The tribunal found that the claimant was at all material times an employee of Adecco, not the respondent. He was an agency worker assigned to provide services to the respondent. As he was not an employee of the respondent, he did not have the right to claim unfair dismissal. There was no dismissal by the respondent; they merely terminated his assignment.

The claimant alleged dismissal for trade union activities under section 152 TULRCA. However, the tribunal found that as the claimant was not an employee of the respondent but an employee of Adecco, there was no dismissal by the respondent. The respondent simply terminated his agency assignment. Without employee status, he cannot claim automatically unfair dismissal.

The claimant alleged detriment for trade union activities under section 146 TULRCA, with the detriment being dismissal. The tribunal found the claimant was not an employee of the respondent and there was no dismissal. Under section 146(5A), where the worker is an employee and the detriment amounts to dismissal, section 146 does not apply. The claim therefore fails.

The claimant claimed notice pay in excess of the 3 weeks paid. This claim was dismissed on withdrawal on day 2 of the hearing.

The claimant claimed 3 days' holiday pay for 24-26 December 2023. The tribunal found the respondent had no contractual responsibility for the claimant's holiday pay as this was the responsibility of his employer Adecco under the contract of employment between them. The claim therefore fails.

The claimant's unlawful deductions claim failed because it was unparticularised and not dealt with in his evidence. Additionally, the payment of wages was the contractual responsibility of Adecco, not the respondent, as the claimant was employed by Adecco throughout.

The claimant claimed written reasons for dismissal under section 92 ERA. This right is only available to employees. As the claimant was not an employee of the respondent, he did not have this right. In any event, he was told the reason for termination of his assignment in an email dated 21 December 2023.