Mr J Debont v Icomm Communications Limited — 2020

The tribunal found that Mr J Debont was an employee of Icomm Communications Limited from 25 September 2018 to 1 March 2019, even though no written contract was issued and the arrangement arose in the context of an apprenticeship opportunity via 3AAA. It held that he provided personal service, was subject to control, and that there was mutuality of obligation. The tribunal also said that, even if that analysis were wrong, he was at least a worker for the purposes of the claims in issue.

The whistleblowing complaints failed at an early stage. When asked directly, the claimant said he did not believe the disclosure about his payslip was made in the public interest; it was made to correct his own wage details and secure the correct pay. On that basis the tribunal dismissed both the automatic unfair dismissal complaint under s.103A ERA 1996 and the detriment complaint under s.47B ERA 1996.

The direct age discrimination claim also failed. The tribunal accepted Mr Chaudhry's evidence that the reason for the 1 March 2019 dismissal was the respondent's belief that the claimant could not remain on the apprenticeship regime or attract funding, not his age. It found that the fact he had turned 18 and would cost more was part of the catalyst for the decision, but not the reason for less favourable treatment. The tribunal rejected KH as a comparator because his circumstances were materially different.

The claimant succeeded on accrued holiday pay and notice pay. The tribunal found that he had taken no holiday in the leave year and, applying regulation 14 WTR 1998, calculated 2.42 weeks of accrued holiday, worth £297.73 using his average weekly pay of £123.03. It also held that he was entitled to one week's notice under s.86 ERA 1996, awarding £123.03. The total sum ordered was £420.76.