Claimant v Service Care Solutions Ltd and London Borough of Lambeth — 2025

Ms J Oliver brought a breach of contract claim arising from the withdrawal of a job offer for a Business Support Officer role with Lambeth Council. The tribunal found that the first respondent, Service Care Solutions Ltd, was an employment agency and that Lambeth Council was the hirer. The Assignment Details Form identified Sapphire DNP Limited as the limited company contractor, the claimant as the agency worker, and Lambeth Council as the hirer. The claimant accepted that she was to work on a temporary basis and that neither respondent was intended to be her employer.

The tribunal accepted that the claimant was told the role would be paid at £19 an hour. It also accepted that Lambeth Council offered her the role on 15 August 2024, that she accepted it, and that the assignment was later affected by a recruitment freeze announced on 11 September 2024. The claimant was told by telephone on 12 September 2024 that the offer had been withdrawn. The tribunal found that this was in direct response to the recruitment freeze and that the later email of 26 September 2024 explained the withdrawal as a business need decision and not a reflection on the claimant's capabilities or qualifications.

The tribunal held that there was no offer of employment and no contract of employment between the claimant and either respondent. It relied on the structure set out in the Assignment Details Form and found that the parties' expectations matched that structure. It concluded that this was not a case where it was appropriate to imply a contract between the agency worker and the hirer to give business reality to the relationship. As there was no contract of employment between the claimant and either respondent, the breach of contract claim failed and no compensation could be awarded.