Ilona Parda v Abstract Recruitment Limited — 2025

The tribunal heard the respondent's strike-out and/or deposit application in a dispute about the claimant's status at Abstract Recruitment Limited. Ilona Parda had worked as an onsite recruitment co-ordinator from 25 October 2021 to 4 January 2024 and started maternity leave on 13 January 2023. She was told on 4 January 2024 that the Wolverhampton branch had closed and was offered a temporary role in Derby. The tribunal found that she had signed the agency-worker terms on 25 October 2021, but it disregarded provisions in those terms that purported to exclude statutory protections.

Applying the authorities it cited, including Pimlico Plumbers, Uber, Carmichael and Autoclenz, the tribunal looked to the reality of the relationship rather than the contractual label. It noted that the claimant's hours varied, she submitted weekly timesheets, her pay varied week to week, she did not receive holiday pay, and she could take unpaid holiday without prior approval. Although some features of the relationship pointed towards employment, the tribunal concluded on balance that she was a worker for the purposes of s230(3)(b) of the Employment Rights Act 1996.

Because the claimant was found to be a worker, the tribunal held that the unfair dismissal, automatic unfair dismissal and wrongful dismissal complaints had no reasonable prospects of success under Rule 38(1)(a) of the Employment Tribunals Procedure Rules 2024. Those complaints were therefore struck out. The pregnancy/maternity discrimination claim was expressly said to be unaffected by this decision and remained listed for the four-day final hearing on 14 to 17 July 2025.