Case 1402983/2020 · Employment Tribunal

Miss I M Tomacsek v Devoncare Ltd — 2021

Case reference: 1402983/2020
Decision date: 6 May 2021
Jurisdiction: England & Wales
Judge: Employment Judge Midgley Appearances

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss I M Tomacsek

Respondent

Devoncare Ltd

Key findings

Tribunal's reasoning

This was a preliminary hearing in Bristol on 4 and 5 May 2021 before Employment Judge Midgley. The claimant, Miss I M Tomacsek, appeared in person and the respondent, Devoncare Ltd, was represented by Mr L Collins. The tribunal gave its reasons orally and the written record was issued on 6 May 2021.

The tribunal found that the claimant was not an employee of the respondent. On that basis, the claim for unfair dismissal was held not well founded and was dismissed. The judgment also records that the claimant was a worker from 1 November 2019.

The tribunal did not finally determine the remaining claims at this hearing. It recorded that the claims for breach of contract in respect of notice pay, unlawful deduction of wages, unpaid annual leave, and failure to provide written particulars of employment would proceed to a final hearing.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Decided at a preliminary hearing. The tribunal found the claimant was not an employee of the respondent, and the unfair dismissal claim was dismissed as not well founded.	Dismissed	—	—

Official outcome judgment PDF

Gov.uk primary record

The 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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