Ms K Okonkwo v Togetherall Limited RECORD OF A PUBLIC PRELIMINARY HEARING — 2025

At the public preliminary hearing, the tribunal accepted that Ms K Okonkwo was disabled within the meaning of the Equality Act 2010 by reason of dyslexia. The disputed issue was employment status between 15 July 2020 and 17 September 2022, because if she was not an employee during that period she would not have the two years' qualifying service needed for an unfair dismissal claim.

Applying the Ready Mixed Concrete starting point and the later overall-assessment approach referred to in Atholl House and Kickabout, the tribunal found that the claimant provided personal service and that there was mutuality of obligation and sufficient control. It also accepted that she was integrated into the respondent's organisation, with training, a work email account, a team lead and regular review. However, the written agreement described the relationship as a consultancy arrangement, the status clause stated that she was an independent contractor, and the contract required her to deal with her own tax and National Insurance and to provide her own equipment.

The tribunal also noted that the claimant invoiced for work, was paid gross, could take days off and holidays when it suited her, and was working elsewhere and studying during the relevant period. It referred to the officious bystander test when implying a minimum obligation on the respondent to provide work, but concluded that the parties did not intend to create a relationship of employment, and that the claimant herself conducted the arrangement as a non-employee relationship. The tribunal therefore found that she was not an employee between 15 July 2020 and 17 September 2022 and dismissed the unfair dismissal claim for lack of qualifying service.