Case 3306013/2023 · Employment Tribunal
Mr K Malek v Randstad Solutions Ltd — 2023
- Case reference
- 3306013/2023
- Decision date
- 24 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Maxwell Appearances
Parties
2 namedClaimant
Mr K Malek
Respondent
Key findings
Tribunal's reasoningThe tribunal considered the claimant's application for interim relief. The only possible basis identified for interim relief was an automatic unfair dismissal complaint under ERA s.103A, relying on an email of 15 May 2023 as a protected disclosure.
The tribunal did not hear witness evidence or make findings of fact. It reviewed the contractual material and noted that the claimant was ostensibly engaged as an agency worker on a contract for services, supplied to Perkins Engines, with no apparent mutuality of obligation.
The tribunal held that, while it did not say there was no prospect of the claimant showing he was an employee of the respondent, it could not be satisfied that he had a pretty good chance of doing so. That was sufficient to refuse interim relief. The tribunal did not determine the merits of any other claims, which were left for ordinary case management.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment determined only the claimant's application for interim relief. The application was refused because the tribunal was not satisfied that he had a pretty good chance of showing he was an employee of the respondent for the purposes of an automatic unfair dismissal claim under ERA s.103A. The merits of the underlying claims, including possible discrimination or protected disclosure detriment claims, were not determined. | Dismissed | — | — |
Legal tests applied
12 references- ERA s.128
- ERA s.129
- Taplin v C Shippam Ltd
- pretty good chance
- Wollenberg v Global Gaming Ventures (Leeds) Ltd
- ERA s.103A
- ERA s.43B
- ERA s.43C
- Cavendish Munro Professional Risks Management Limited v Geduld
- Kilraine v London Borough of Wandsworth
- Babula v Waltham Forrest College
- Chesterton Global Limited v Nurmohamed
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
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