Miss L Rabbitte v Represented by:25 Mr C Maclean, Solicitor The Clyde FC Community Foundation — 2023

At an open preliminary hearing in Glasgow on 30 November and 1-2 December 2022, the tribunal considered whether Miss L Rabbitte had employee, worker or Equality Act employment status in relation to the Clyde Football Club / Clyde FC Community Foundation arrangement. It found that she was engaged by the second respondent, the Foundation, and that she was engaged at all times as a volunteer.

The tribunal preferred Mr Caldwell's evidence to the claimant's. It found that the parties discussed a possible role in women and girls' football and an application for external funding, but no written contract was issued, no salary was paid, the claimant remained in full-time paid employment with Effective Consumable Solutions, and there was no instruction, supervision or control over her activities. The tribunal rejected the suggestion that the Club was the contracting party or that the Foundation was being used improperly to obtain funding.

Applying the statutory definitions in s.230 ERA and s.83 EqA, together with Ready Mixed Concrete and X v Mid Sussex Citizens Advice Bureau, the tribunal held that no contract of employment or other contract for personal work or services was formed. As a result, it found that the claimant was neither an employee nor a worker and was not in employment for Equality Act purposes, so all of the claims before it were dismissed for lack of jurisdiction.