Case 3201806/2020 · Employment Tribunal
Ms Elisha Harry v 1) Teen Support Services Ltd 2) Teenagers Support Services UK Ltd — 2022
- Case reference
- 3201806/2020
- Decision date
- 20 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Liz Ord
Parties
2 namedClaimant
Ms Elisha Harry
Key findings
Tribunal's reasoningThe hearing determined a preliminary issue: whether Ms Elisha Harry was employed by Teen Support Services Ltd or by Teenagers Support Services UK Ltd for the period leading up to her dismissal in May 2020. The judge noted that the paperwork was confused and incomplete, but heard evidence from Ms Harry, Mr Paul Grant and Mr Terry Beckford and considered the documentary record.
The tribunal preferred Ms Harry's evidence and found that the job advert, offer of employment, work email address, internal emails, electronic ID badge, memorandum about restructure, rota, disciplinary invitation letters, grievance outcome and dismissal letter all pointed to Teen Support Services Ltd. It rejected Mr Beckford's explanation that the first respondent's paperwork and email addresses were used because of a planned merger or because the previous management controlled the other company's emails.
On the contract issue, there was no signed contract in evidence, but the tribunal accepted Ms Harry's evidence that she signed a contract with Teen Support Services Ltd. It found that the unsigned Statement of Main Terms naming Teenagers Support Services UK Ltd, and the payslips bearing that company's name, were not enough to show that the second respondent was her employer. The tribunal therefore found that Ms Harry was employed by Teen Support Services Ltd and did not work for Teenagers Support Services UK Ltd. These reasons resolved the preliminary employment-status issue; they did not determine the merits of the whistleblowing, race discrimination or unfair dismissal claims.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Preliminary employment-status issue only. The tribunal found that the claimant was employed by Teen Support Services Ltd and not by Teenagers Support Services UK Ltd. The underlying whistleblowing, race discrimination and unfair dismissal claims were not determined in these reasons. | Upheld | — | — |
Legal tests applied
2 references- s.230 Employment Rights Act 1996
- s.83 Equality Act 2010
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.
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