Claimant v Hypo Hounds — 2023

Mr Dean, an ex-police dog handler, worked for Hypo Hounds from 2018. Although he had signed a self-employed contract in August 2020, the tribunal found that he was in fact an employee from then for unfair dismissal purposes, having regard to the reality of the working arrangements, including fixed monthly payment, personal service, control, equipment, training, uniform, discipline and integration. It found that he had the necessary continuous service, with an effective date of termination of 10 September 2022, and referred to s.230 Employment Rights Act 1996 and Hogg v Dover College.

On the ordinary unfair dismissal claim, the tribunal accepted that the reason for dismissal was some other substantial reason. However, it found that there was no proper process, no evidence that alternatives to dismissal had been discussed, and that the Claimant was simply presented with an ultimatum. On that basis the unfair dismissal claim succeeded.

The automatic unfair dismissal claim failed. The tribunal found that the decision to terminate had been made on 28 July 2022, before Mr Dean joined the trade union later that evening, so the dismissal was not because of his union membership. The tribunal also found that, after Mr Dean emailed on 1 August 2022 saying that he had joined a union, the principal reason the zero-hours contract offer was withdrawn was his trade union membership. That withdrawal was therefore a detriment due to trade union membership, and that claim succeeded. No financial remedy was awarded because Mr Dean did not seek compensation.