Mr B Agyekum v Securitas Security Services (UK) Limited — 2021

The claimant had previously been employed full time and, after a TUPE transfer to the respondent, worked as a security officer at a client site. In May 2019 he agreed to move to a casual contract after being told this was the way he could take four consecutive weeks of holiday. The tribunal found that the change meant neither party was obliged to offer or accept work, although the claimant continued to provide personal service when assignments were accepted.

The tribunal found that, after the change, the claimant was no longer an employee assigned to the Arla Foods contract but a casual worker who could be offered work at different sites or no work, and who could accept or decline assignments. The respondent stopped offering him work at Arla Foods after the client reduced its security requirement, offered work at Marks and Spencer which the claimant did not take up, and later offered a full-time post at Arla Foods which the claimant declined after a misunderstanding about its terms.

Because the claimant had become a worker rather than an employee, the tribunal held that he did not have the statutory protection needed to bring an unfair dismissal claim. The unfair dismissal claim was therefore dismissed.