Mr J. Pusey v The Felixstowe Dock and Railway Company — 2021

The tribunal determined two preliminary issues. It held that the unfair dismissal claim was presented within the statutory time limit because the claimant did not learn of the termination until he received the letter by email on 14 May 2020, and ACAS notification on 7 August 2020 was therefore within time.

On employment status, the tribunal accepted that many features of the relationship pointed towards employee status, including personal performance, integration into the workforce, use of company systems and facilities, and a significant degree of control while working. The claimant had worked regularly for the respondent for several years and in practice was treated in many respects like port operatives.

However, the tribunal concluded that the arrangement lacked the mutuality of obligation necessary for a contract of employment. The claimant was free to choose when to make himself available, including taking lengthy periods away from work without notice requirements, and the respondent was not obliged to offer him work. The fact that work was usually offered when he was available reflected business need rather than contractual obligation. The unfair dismissal claim was therefore dismissed because the claimant was not an employee within the meaning of the Employment Rights Act 1996.