Claimant v London Borough of Harrow
Outcome
Individual claims
Tribunal found claimant was a worker but not an employee under s230 ERA 1996. As unfair dismissal claims require employee status, tribunal had no jurisdiction to hear the claim. Additionally, even if employee status had been found, the claim was 4 days out of time and no evidence was provided as to why it was not reasonably practicable to present on time.
Facts
Claimant worked for respondent council from 2011-2022, initially as volunteer then as 'as and when worker' on youth projects including National Citizens Service, Youth Offending Team, and Tallships sailing programme. He worked variable hours (with exception of fixed 25 hours during Covid), was paid hourly rate, and was involved in multiple short-term projects over 11 years. Relationship deteriorated in 2021-22 when respondent sought to revert to hours-based pay and tighten management control. Claimant applied unsuccessfully for permanent employed role in 2019. He resigned November 2022 citing constructive dismissal.
Decision
Tribunal found claimant was a worker but not an employee under s230 ERA 1996. There was no mutuality of obligation (no guaranteed minimum hours), no obligation of personal service (could be substituted by other sessional workers), limited control by respondent, and only partial integration into organisation. Contract was genuinely that of 'as and when worker' despite 11-year relationship. Claim dismissed for lack of jurisdiction. Claim was also 4 days out of time with no explanation given.
Practical note
Long service and significant involvement in projects does not automatically create employee status where there is no mutuality of obligation, work is genuinely project-based with fluctuating hours, and the worker retains freedom to decline work.
Legal authorities cited
Statutes
Case details
- Case number
- 3301910/2023
- Decision date
- 19 August 2024
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- London Borough of Harrow
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Youth Worker / Project Coordinator
- Service
- 11 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep