Case 6001049/2023 · Employment Tribunal
In person, assisted by Ms E Cadbury, CAB Adviser, as a McKenzie Friend For the v Respondent — 2024
- Case reference
- 6001049/2023
- Decision date
- 26 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge James Representation
Parties
1 namedClaimant
In person, assisted by Ms E Cadbury, CAB Adviser, as a McKenzie Friend For the
Respondent
- —
Key findings
Tribunal's reasoningAt the preliminary hearing on 23 January 2024, Employment Judge James found that the claimant worked for the respondent at its Sherburn in Elmet site from about July 2021 through 360 Recruitment Ltd. He worked under the direction of the respondent's managers, initially as a labourer and later as a gateman, and the tribunal accepted that he had no contract directly with the respondent and no personal right of substitution. Although the payslips referred to self-billing and CIS deductions, the tribunal found he was not genuinely self-employed and was in employment for the purposes of section 83 Equality Act 2010 and a contract worker under section 41.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant accepted he could not bring an unfair dismissal claim because he did not have two years' service by the date of dismissal; that claim was dismissed following withdrawal. | Withdrawn | — | — |
| Race discrimination | Preliminary issues only. The tribunal found the claimant was a contract worker and extended time by five days under section 123 Equality Act 2010 so the race discrimination claim could proceed; the merits were not determined at this hearing. | Other | Race | — |
Legal tests applied
9 references- s.41 Equality Act 2010
- s.83 Equality Act 2010
- s.123 Equality Act 2010
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Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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