Soek Yee Ashley Wong v Grant Thornton Agile Talent Solutions Limited — 2024

The Claimant, Soek Yee Ashley Wong, had originally brought claims for unpaid salary for 11-22 December 2023, accrued but untaken annual leave, pay in lieu of notice, and pension contributions. By the start of the hearing, the Claimant said that three of those matters had been sorted out, leaving only the claim for pay in lieu of notice.

The Claimant had been engaged under an Assignment Only Worker Agreement. The Tribunal recorded that, after the legal distinction between employee and worker was explained, the parties agreed there was no mutuality of obligation: the Respondent was under no duty to offer work and the Claimant was under no duty to accept it. The Claimant therefore conceded that she was a worker and not an employee.

The Tribunal held that, under section 3 of the Employment Tribunals Act 1996 together with the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, it only has jurisdiction to hear contractual claims brought by employees. As the Tribunal does not have jurisdiction to hear breach of contract claims brought by workers, and a claim for pay in lieu of notice can only be brought as a breach of contract claim, the claim was dismissed for want of jurisdiction.