Claimant v Ent Serv UK Limited

The tribunal found the claimant was not an employee of the respondent but rather a contract worker on secondment from EIT India. He was paid by EIT India, managed by EIT India, and appraised by EIT India. The overwhelming evidence showed he remained on secondment throughout despite the visa sponsorship. As he was not an employee under the Employment Rights Act, the tribunal had no jurisdiction to hear the unfair dismissal claim.

The tribunal refused to strike out the race discrimination claim, finding substantial disputes of fact. The claimant argued his performance was good and that his role was given to a Singapore-based employee despite claims it was being offshored. The sudden change in performance assessment coincided with his application for permanent transfer. The tribunal found the claimant was a contract worker under s.41 Equality Act 2010, giving jurisdiction for the discrimination claim to proceed.

The tribunal found the claimant was not disabled at the relevant time. His mental health symptoms and substantial impact began in May 2023 after being told his secondment was ending, with his first GP visit in June 2023. There was no evidence of substantial impact prior to the decision to end his secondment. The disability discrimination claims were therefore dismissed as the claimant did not meet the definition of disability under the Equality Act at the time of the alleged discriminatory acts.