Case 3200033/2024 · Employment Tribunal
Ms Marian Awolowo v London Borough of Havering — 2025
- Case reference
- 3200033/2024
- Decision date
- 8 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gardiner Representation
Parties
2 namedClaimant
Ms Marian Awolowo
Respondent
Key findings
Tribunal's reasoningThe Tribunal decided a preliminary issue about whether the Claimant had been employed by the Respondent for at least two years by the effective date of termination. The parties agreed she was employed by the Respondent from 31 January 2022 to 14 September 2023, and the dispute concerned whether she had also been employed by the Respondent during her earlier placement from 1 September 2020 to 30 January 2022.
The Tribunal found that the document signed by the Claimant and Remedy Recruitment Group Limited created a contractual arrangement for the Claimant's placement with the Respondent and that the arrangement was consistent with agency worker status. It found there was no need to imply a contract of employment between the Claimant and the Respondent before 31 January 2022.
As a result, the Tribunal found that the Claimant did not have the qualifying period of continuous employment required by section 108 Employment Rights Act 1996 to bring an unfair dismissal complaint under section 94. The unfair dismissal complaint was dismissed for lack of jurisdiction.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was dismissed at a public preliminary hearing because the claimant did not have the qualifying two years' continuous employment required by section 108 Employment Rights Act 1996 for an unfair dismissal complaint. | Dismissed | — | — |
Legal tests applied
7 references- Section 108 Employment Rights Act 1996
- Section 94 Employment Rights Act 1996
- Modahl v British Athletic Federation [2001] EWCA Civ 1447
- James v LB Greenwich [2008] EWCA Civ 35
- James v LB Greenwich UKEAT/006/06/ZT
- Muschett v HM Prison Service [2010] IRLR 451
- Tilson v Alstom Transport [2010] EWCA Civ 1308
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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