Mr K Theodoridis v Intsol Recruitment Ltd — 2025

The preliminary hearing addressed the claimant's employment status and clarified the claims. The claimant, through his McKenzie friend, said he had not intended to pursue unfair dismissal or race discrimination, and those claims were withdrawn and dismissed. The tribunal identified potential claims for breach of contract and unlawful deduction from wages arising from the allegation that the claimant was guaranteed fifty hours' paid work per week.

The tribunal found that the claimant was not an employee of the respondent under section 230 of the Employment Rights Act 1996. It relied on the lack of sufficient mutuality of obligation and day-to-day control by the respondent, noting that First Bus exercised day-to-day control and that the claimant could decline alternative assignments.

The tribunal found that the claimant was a worker of the respondent until 23 March 2024 because he provided personal service to the respondent's agency and the umbrella company arrangement was, in reality, a payment mechanism. The breach of contract claim was dismissed for lack of jurisdiction, while the unlawful deduction from wages claim was permitted to proceed to a final hearing.