Mr M Fatah v C3 Construction Limited — 2023

This was a preliminary hearing before Employment Judge N Wilson to determine jurisdiction over the claimant's direct race discrimination claim against C3 Construction Limited, which concerned the non-provision of a company vehicle and a fuel card or travel allowance. The claimant was paid via Hudson CIS (Guernsey) Limited under a CIS contract for the supply of services as a self-employed contractor, and had been engaged on a C3 construction site as a ground worker from March 2022 until May 2023. The respondent contended the claimant was self-employed and that the tribunal had no jurisdiction; the claimant argued that, despite being paid through Hudson, the respondent exercised significant control over his work such that he was employed for the purposes of the Equality Act 2010.

The tribunal examined the contractual arrangements, the claimant's tax returns and CIS registration, and the oral evidence of the parties' witnesses. It found there was no express written or oral contract between the claimant and the respondent, and no proper basis to imply one, since the supply of labour was adequately explained by the contract between the claimant and Hudson and between Hudson and the respondent. The judge found the claimant had an unfettered right of substitution (subject only to the substitute having appropriate skills), no obligation of personal performance, no mutuality of obligation, and was not under the direction or control of either Hudson or the respondent; the claimant was free to work elsewhere and did so. His tax returns and HMRC declarations were consistent with a person operating a business on his own account.

Applying section 230 ERA 1996, sections 41 and 83 EQA 2010, and the authorities cited, the tribunal concluded the claimant was neither an employee nor a worker of the respondent, nor a contract worker, but a self-employed independent contractor. The race discrimination claim was accordingly dismissed for want of jurisdiction. No remedy was awarded.