Miss Carla Dublin v Greenacre Recruitment Limited and 2 others — 2024

At a public preliminary hearing, the Tribunal found that the Claimant was not an employee of any of the Respondents at common law or under section 83 Equality Act 2010. It found that she was employed by her umbrella company, Paystream My Max, and consequently struck out the notice pay claim under rule 37(1)(a) as having no reasonable prospects of success.

The Tribunal also found that the Claimant had not commenced ACAS conciliation before presenting her ET1 against Respondent 2, so it had no jurisdiction to hear claims against Respondent 2 and struck out all claims against that Respondent. It recorded that Respondent 1 was an Employment Services Provider for section 56 Equality Act 2010 purposes, so claims against Respondent 1 proceed under section 55 only.

Respondent 3 admitted that the Claimant was a contract worker under section 41 Equality Act 2010 and that it was her principal. The Tribunal found that Respondent 2 acted as Respondent 3's agent in the specified communications and arrangements, so Respondent 3 was also the principal under section 109(2) for anything done by Respondent 2 while acting as its agent.