Mr J Brewer v Serco Limited — 2021

The claimant did not attend the preliminary hearing. After enquiries by telephone, email, and checking whether he had attended in person, the tribunal proceeded in his absence, taking account of the available ET1, correspondence, and the respondent's evidence.

The tribunal found that the claimant was directly employed by Serco Limited from 15 April 2019 until his dismissal on 6 January 2021. Before that date he had worked regularly as an agency worker supplied through agency arrangements. Although he worked under the respondent's day-to-day direction and was integrated into its work, the tribunal found that those facts were consistent with the agency arrangements and it was not necessary to imply a contract of employment with the respondent before 15 April 2019.

On that basis the claimant had less than two years' continuous service, so the tribunal had no jurisdiction to hear an ordinary unfair dismissal claim. The tribunal also considered whether the ET1 or later correspondence contained any other claim, including under the Equality Act 2010, but concluded that the only claim included was unfair dismissal. The claim was therefore struck out as having no reasonable prospect of success.