Ms H Rawlins v Multiple Sclerosis Society — 2019

This was a preliminary hearing to decide whether Ms H Rawlins had the continuous service needed to bring an unfair dismissal claim. The tribunal heard evidence from Ms Rawlins and Ms Maz Fellowes about the agency arrangements, the move from agency work to direct employment, and the relevant dates of commencement and termination.

The tribunal accepted that Ms Rawlins had worked for the respondent through agency arrangements from 12 May 2015 and that her hours had increased over time, but it found that those facts did not make her an employee before 30 September 2016. It found that the respondent genuinely decided in around 2016 to recruit a permanent Information Resources Officer, that the claimant applied for that post, was interviewed by a panel of three, completed new starter paperwork on 27 September 2016, and later signed written terms in January 2017. The tribunal held that the recruitment process was not a sham and that the facts were fully consistent with the agency arrangements rather than requiring an implied contract earlier than 30 September 2016.

On that basis, the tribunal found that Ms Rawlins was continuously employed only from 30 September 2016 to 6 August 2018. It held that she did not have the two years' continuous service required by section 108(1) of the Employment Rights Act 1996, so the unfair dismissal claim was dismissed. The judgment recorded that this did not affect the other claims, which remained listed for final hearing.