Mr M Jackson, counsel v Mr B Hendley, Consultant — 2020

The tribunal found that the claimant was an employee and that her employment ended in law on 28 December 2020, when the respondent limited her hours to 20 per week and changed the arrangement to self-employed. It rejected the claimant's alleged offer letter and contract, found that the parties' actual agreement and practice was payment at £10 per hour, and held that she did not have qualifying service for an ordinary unfair dismissal claim.

The whistleblowing and discrimination claims failed on the factual findings. The tribunal did not accept that the claimant raised an employer liability insurance issue on 8 or 9 December 2020, so there was no protected disclosure for the s103A and s47B ERA claims. It accepted that the claimant was disabled, but found that the respondent did not know, and could not reasonably have known, of the disability-related need for an ergonomic chair; the reasonable adjustments and s15 EqA claims therefore failed. The victimisation claim also failed because the alleged grievances on 9, 15, 29 December 2020 and 5 January 2021 were not accepted as having been submitted or received on the dates claimed.

The tribunal rejected the claimant's case that she had a written or verbal entitlement to a much higher salary, commission, or mileage expenses. It found that the wages, commission and expenses claims failed because there was no proved contractual entitlement, but it upheld wrongful dismissal and holiday pay. It also found that itemised pay statements had not been provided and that the respondent had failed to provide a written statement of employment particulars.

The judgment records that, by consent, the respondent would pay the claimant £1,242. The text does not split that sum between the successful heads of claim, so only the total award is recorded here.