Ms S Munro v Represented by: Ms L Madden - Solicitor Town And Country Glasgow Limited — 2018

This was a preliminary hearing on whether Ms S Munro was employed by Town And Country Glasgow Ltd within section 83(2)(a) of the Equality Act 2010, so as to be able to pursue her pregnancy-related discrimination claim. The respondents accepted that she had done work for them but argued that she was engaged only as a freelance worker and was not within the statutory definition of employment for discrimination purposes.

The tribunal found that the claimant had been recruited through a Gumtree advert, started with training, then worked regular weekend and weekday shifts at the respondents’ Lenzie branch, with her hours later changing from four days to three days per week. She was paid hourly on the basis of timesheets or invoices, was responsible for her own tax and national insurance, and did not receive holiday pay or sick pay. The tribunal also recorded that she reported to Ms Egan, was given tasks by her, and that the respondents arranged cover when she was absent. The evidence included texts from Mr Mackenzie referring to her “normal hours” and to the “last week for cover”, and a text from Mrs Mackenzie saying, in relation to her pregnancy, that “Your baby and you come first”.

Applying the authorities it identified, including Pimlico Plumbers, Allonby, Hashwani, Halawi, Capita and Windle, the tribunal concluded that the reality of the relationship pointed to personal service and subordination rather than an independent customer or client arrangement. It treated the claimed ability to decline shifts or arrange substitutes as limited in practice, and regarded the respondent’s control over cover and scheduling as inconsistent with the respondents’ position. The tribunal therefore held that Ms Munro was employed for the purposes of the 2010 Act and could bring her discrimination claim, but it did not decide whether that claim was well founded. The case was therefore to proceed to a further hearing.