Mr M Denizkhan v Newsteam Group Ltd. — 2023

The preliminary hearing considered whether the claimant had the required status for his notice pay and age discrimination claims. The claimant had worked as a delivery driver for Newsteam Group Ltd from 13 January 2022 until 24 February 2022 under a written agreement describing him as an independent contractor and giving him the right to perform services for others and to send a substitute.

The tribunal accepted Mr Kennett's evidence that the respondent's arrangements for self-employed contractors differed from those for employees, including that contractors provided their own vehicle and phone, paid their own expenses, were not supervised in carrying out the delivery round, and could use substitutes. The tribunal found that the right of substitution was genuine and unfettered, and that the respondent was not concerned who performed the services provided the deliveries were completed.

The tribunal concluded that the claimant was not obliged to perform services personally. He was therefore neither an employee nor a worker under s230 Employment Rights Act 1996 and was not in employment under s83 Equality Act 2010. The tribunal held that it had no jurisdiction to hear the claims and dismissed them.