Mr Kieran Budd vV v The Chief Constable of Thames Valley Police — 2021

At a preliminary hearing before Employment Judge Alliott sitting alone by CVP on 12 March 2021, the tribunal dismissed the claimant’s unfair dismissal claim for want of jurisdiction. It found that the claimant was a worker for the purposes of s.230(3)(b) ERA 1996, relying on the fact that he could pick and choose which shifts to work, there was no guarantee of work, he was not entitled to annual leave or sick pay, and he could find his own cover if he was unable to work.

The tribunal said that references in the paperwork to ‘employment’, ‘employee’ and ‘staff’ were misleading and careless but were not determinative because they did not reflect the reality of the relationship. It also held that the unfair dismissal claim did not enjoy reasonable prospects of success for the purposes of Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024. The claimant’s unauthorised deduction of wages claim was dismissed upon withdrawal. A deposit order was made in relation to the claimant’s disability discrimination claims, but this judgment does not determine those claims on their merits.