Mrs H Hughes v Vedamain Ltd and 3 others — 2023

At this preliminary hearing, the tribunal found that Mrs H Hughes was a worker for Vedamain Ltd within section 230(3) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998, and that she was also an employee of Vedamain Ltd within section 83 of the Equality Act 2010. On that basis, the sex discrimination claim, the claim for unauthorised deductions from wages, and the holiday pay claim against Vedamain Ltd were identified as matters to be determined at a final hearing.

The tribunal also held that Mrs Hughes was not an employee of Vedamain Ltd under section 230(1) ERA 1996. Her complaint that dismissal was unfair under section 98 ERA 1996 was therefore dismissed. The tribunal also dismissed the complaint that her dismissal was unfair under section 103A ERA 1996.

The regulation 15 TUPE complaint was dismissed for want of jurisdiction because it was presented after the statutory time limit. The tribunal found it was reasonably practicable for the claim to have been presented before the time limit expired, and in any event it had not been presented within any further period the tribunal considered reasonable.