Mr A Chaudhuri v R & S Records Ltd and 1 other — 2022

At a preliminary hearing on 10 and 11 March 2022, Employment Judge Wright decided whether Mr A Chaudhuri came within the Equality Act 2010 as being "in employment" with R & S Records Ltd for the purposes of his race and sex discrimination claims. The tribunal determined the point before any merits hearing and held that he did not fall within s.83(2) EQA.

The tribunal found that the relationship began after emails about an A&R scouting role for R&S Records. Contemporaneous messages and invoices described Mr Chaudhuri as a freelance A&R scout, he asked how the role would work financially, and later correspondence showed him managing the amount and frequency of feedback, proposing changes to the arrangement, and negotiating a new commercial deal. The tribunal noted that he invoiced €700 per month and later £1,000 per month, described the work as "R&S A&R scouting", and continued to market himself as a freelance DJ and through other work. It also referred to tax return material showing gross income of £42,256, allowable business expenses of £20,209, and net profit of £22,047.

The tribunal concluded that Mr Chaudhuri was an independent freelancer and entrepreneur in business on his own account, not integrated into R1, and not under R2's control. It found that he could choose how much work to do, was not required to account for his time, and was free to delegate or subcontract. Applying the authorities it cited on s.83(2), including Allonby, Hashwani, Windle, Byrne Bros, Cotswold Developments, James v Redcats, Autoclenz, Westwood, Bates van Winkelhof and Uber, the tribunal held that he was not "in employment" under a contract personally to do work and therefore dismissed the claims.