Claimant v Respondent — 2025

The Claimant worked as a freelance climbing instructor for the Respondent indoor climbing centre from November 2021. Employment Judge Victoria Butler found, on the multifactorial test, that she was a worker rather than an employee or a genuinely self-employed contractor: she was integrated into the business, had no right of substitution, used the Respondent's equipment and uniform, followed its standard operating procedures and was paid little above national minimum wage. The Claimant reported to Derby City Council a concern about the Director, Mr D, having attempted to kiss a 17-year-old colleague referred to as Ms Y. The tribunal held the report was a protected disclosure: she had a reasonable belief that information tending to show a breach of a legal obligation and endangerment of health and safety had occurred, and that disclosure was in the public interest.

On detriment, the tribunal found Mr D's text message of 8 May 2024 terminating the working relationship was a detriment, and that the Respondent had not discharged the burden of showing the disclosure did not materially influence that decision. The Respondent's later-advanced reasons (failure to follow safeguarding procedures and an alleged downturn in work) were found to be inconsistent with the contemporaneous communications, and Mr D was aware of the disclosure at the relevant time. The Claimant was awarded £5,232.25 gross for loss of earnings between 13 May 2024 and 5 May 2025, having mitigated her losses through temporary work.