Mr Colin Flannigan v J S Strachan trading as Strachan Haulage st and 1 other — 2019

This was a preliminary hearing on employment status and continuity of service rather than a final merits decision. The tribunal found that Mr Flannigan had been employed by J S Strachan trading as Strachan Haulage from 2 June 2015, relying on the bank statements, the signed terms and conditions recording that start date, and the evidence of regular work and control. It rejected the 1st respondent's case that he was self-employed before 11 June 2018.

The tribunal also rejected the suggestion that the claimant's employment transferred to Corporate Road Solutions 24:7 Ltd. It found that the claimant had remained employed by the 1st respondent, had only been seconded to work on the Mitsubishi contract, and had not entered into any contract with the 2nd respondent. The tribunal accepted the claimant's account that he did not agree to any transfer and noted that no P45 or signed contract from the 2nd respondent was produced.

The tribunal further found that there was no break in continuity when the claimant worked for Alan Hannah in November 2017, accepting that this had been arranged with the 1st respondent and was treated as holiday pay. It held that the claimant's employment with the 1st respondent ended on 1 August 2019 when he declined to continue under the arrangements with the 2nd respondent. On that basis, the claimant had sufficient qualifying service to bring his unfair dismissal and redundancy claims against the 1st respondent.

The claims so far as directed against the 2nd respondent were dismissed. No merits findings were made on unfair dismissal or redundancy entitlement, and the tribunal directed that the matter should proceed by case management to a further hearing on the substantive issues.