Case 1401324/2021 · Employment Tribunal
In person For the First and Third v Respondent — 2022
- Case reference
- 1401324/2021
- Decision date
- 8 March 2022
- Jurisdiction
- England & Wales
Parties
1 namedClaimant
In person For the First and Third
Respondent
- —
Key findings
Tribunal's reasoningThe claimant, Ms Sharon Laura Loane, an actor who was born with cerebral palsy, worked remotely from Northern Ireland on four productions for The South Devon Players Ltd during 2020 and 2021. The tribunal considered the performer agreement, the company constitution, the conduct rules and the profit-share policy. It found that participation was on a production-by-production basis, that the claimant chose whether to take part in each production, that rehearsals and performance dates were arranged flexibly, and that any payment depended on ticket sales. The claimant received £19.72 for A Midsummer Night's Dream, £26 for Sir Walter's Women and £180 for Tales of Spooky Brixham.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination claim dismissed because the claimant was found not to fall within the extended definition of 'Employment' in section 83(2) Equality Act 2010. | Dismissed | Disability | — |
| Disability discrimination | Indirect disability discrimination claim dismissed on the same employment-status ground; the tribunal held there was no contract personally to do work within section 83(2) EqA. | Dismissed | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments claim dismissed because the claimant was not within the extended definition of employment under section 83(2) EqA. | Dismissed | Disability | — |
| Harassment | Harassment related to disability claim dismissed because the claimant was not in 'employment' for Equality Act purposes. | Dismissed | Disability | — |
Legal tests applied
8 references- s83(2) EqA 2010
- contract personally to do work
- subordination and/or dependency
- Uber v Aslam
- Windle v Secretary of State for Justice
- Grayson
- Pimlico Plumbers
- Hashwani
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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