Case 1406270/2019 · Employment Tribunal
Mrs Wormington-Jones v Devon Eye Centres Ltd — 2021
- Case reference
- 1406270/2019
- Decision date
- 6 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Christensen Representation
- Venue
- Bristol
Parties
2 namedClaimant
Mrs Wormington-Jones
Respondent
Key findings
Tribunal's reasoningThis was a preliminary judgment on status issues, not a merits determination. The tribunal held that Mrs Wormington-Jones was not an employee of Devon Eye Centres Ltd within the meaning of s.230 Employment Rights Act 1996. As a result, the claims for unfair dismissal and breach of contract could not proceed and were dismissed.
The tribunal separately held that the claimant was an employee within the meaning of s.83 Equality Act, so the direct discrimination claim based on the protected characteristic of marriage could proceed. It did not decide that claim on its merits in this judgment, and directions were issued.
The tribunal also held that the claimant was a worker within the meaning of s.230 Employment Rights Act 1996, so the unpaid wages claim could proceed. Again, no remedy was awarded in this judgment and directions were issued for the surviving claims.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the tribunal held the claimant was not an employee of the respondent within the meaning of s.230 Employment Rights Act 1996. | Dismissed | — | — |
| Breach of contract | Dismissed on the same jurisdictional basis: the tribunal found the claimant was not an employee within s.230 Employment Rights Act 1996, so the claim could not proceed. | Dismissed | — | — |
| Marriage or civil partnership discrimination | The tribunal found the claimant was an employee within the meaning of s.83 Equality Act, so the direct discrimination claim based upon the protected characteristic of marriage could proceed. Directions were issued; no merits determination was made in this judgment. | Other | Marriage / civil partnership | — |
| Unlawful deduction from wages | The tribunal found the claimant was a worker within the meaning of s.230 Employment Rights Act 1996, so the unpaid wages claim could proceed. Directions were issued; no merits determination was made in this judgment. | Other | — | — |
Legal tests applied
2 references- s.230 Employment Rights Act 1996
- s.83 Equality Act
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.