IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH Judgment of the Employment Tribunal in Case No: 4108350/2021 Issued Following Open Preliminary Hearing Heard on the Cloud Based Video Platform (CVP) at Edinburgh on the th of November 2021 Employment Judge J G d’lnverno Mr D McIntyre v Cornerstone Community Care — 2021

The claimant presented a complaint of unfair dismissal arising from the termination of his contractual relationship with the respondent on 1 March 2021. The preliminary hearing was concerned with jurisdiction: whether the claimant was an employee or a worker at that date, and, if he was an employee, whether he had the required two years' continuous employment.

The Tribunal found that the claimant had previously been employed under a contract of employment from 1 July 2017, but that this contract ended by mutual agreement on 15 November 2020 after the claimant sought reduced hours and greater flexibility. It found that he was then engaged from 22 November 2020 under a zero hours relief worker contract which did not impose mutuality of obligation, and that he accepted that engagement by working under it.

The Tribunal held that, as at 1 March 2021, the claimant was a worker within section 230(3)(b) of the Employment Rights Act 1996 and therefore lacked title to present an unfair dismissal complaint. It also held, in the alternative, that a week in which the claimant did not work between 15 and 22 November 2020 broke continuity of employment, so he would not in any event have had the qualifying service required by section 108 ERA 1996. The claim was dismissed for want of jurisdiction.