Mrs J Stenstrom v Reaseheath College — 2024

Mrs Stenstrom brought a sole claim of constructive unfair dismissal against Reaseheath College. The tribunal heard evidence about her engagement under successive Talent Bank Agreements and found that she was engaged as a casual worker. It accepted that the agreements stated there was no obligation on the College to offer work and no obligation on her to accept it, and that each accepted offer was a separate assignment.

The tribunal found that, although Mrs Stenstrom worked significant hours over a number of years and had PAYE pay, a payroll number, holiday entitlement, access to systems and policies, and inclusion in performance management, those features were consistent with worker status rather than employee status. It found that she was required to indicate her availability, that she could and did refuse work, including in September 2022, and that she was not available for work for six weeks each year between 16 January and 1 March, in addition to the College's summer closure. On that evidence, it found there was a lack of mutuality of obligation and that the contractual terms reflected the true arrangement between the parties.

Because the claimant was not an employee, the tribunal did not go on to consider whether she had sufficient service for a constructive unfair dismissal claim. It therefore held that it had no jurisdiction to hear the claim and dismissed it. The tribunal also said, although the point was academic given the status finding, that the ACAS early conciliation certificate was not limited to events before 22 September 2022, applying Compass Group UK & Ireland Ltd v Morgan.