Mrs Gemma Long v Brain in Hand Ltd Heard: by way of a hybrid hearing, with the claimant and her husband attending in person in Nottingham, and the respondent’s representative and witness attending remotely via Cloud Video Platform — 2022

At the open preliminary hearing on 6 January 2022, Employment Judge Ayre considered whether Mrs Gemma Long was engaged as a self-employed contractor, a worker, or an employee, and whether she fell within section 83 of the Equality Act 2010. The respondent said she was self-employed under the written contracts; the claimant relied on how the relationship operated in practice.

The tribunal found that the claimant had to provide personal service, there was no right of substitution in the written agreement or in practice, and the respondent exercised a substantial degree of control over how she carried out the work. It found that the claimant was required to follow detailed procedures, reporting requirements and performance metrics set by the respondent, and that the respondent arranged cover when a Specialist was unavailable.

The judge also found sufficient mutuality of obligation: the claimant was expected to be available for work, the respondent provided work regularly, and the written documents did not reflect the reality of the arrangement. The tribunal concluded that she was an employee of the respondent within section 203 of the Employment Rights Act 1996 and that her contract of employment fell within section 83 of the Equality Act 2010. No remedy was awarded because this was a preliminary status hearing, and the judgment did not determine the merits of the pleaded discrimination, protected disclosure, unlawful deduction from wages or holiday pay complaints.