Mr A Jipur v Keasim Events Limited — 2021

This was a preliminary hearing by CVP on 17 May 2021 before Employment Judge Jones. The tribunal was asked to decide the claimant's employment status, whether it had jurisdiction to hear an unfair dismissal claim, and whether the race discrimination claim should be struck out or made subject to a deposit order. At the start of the hearing, the respondent no longer sought any order on the prospects of success of the race discrimination claim, because further particulars had been provided.

The tribunal found that the claimant was an employee during the first period of work, from around 14 November 2018 to 8 January 2019, when he worked regularly and full-time for the respondent at Festival Village as a door supervisor and night security. Although there was no written contract, the tribunal found mutuality of obligation during that period and held that a contract of employment existed.

The tribunal found that the later period, from August 2019 to March 2020 at Cask Smugglers, was different in nature. The claimant worked intermittently, had irregular hours, had weeks with no work, and was also studying and working elsewhere. On that basis, the tribunal held that he was a worker but not an employee during that later period.

Because the claimant was only an employee for the initial period, and the break between January 2019 and August 2019 was not a temporary cessation of work for the purposes of section 212 ERA 1996, he did not have sufficient continuous service under section 108(1) ERA 1996 to bring an unfair dismissal claim. The tribunal therefore held that it had no jurisdiction to consider the unfair dismissal claim. The race discrimination claim was not determined on the merits and was listed for a final hearing on 22 and 23 September 2021.