Claimant v Right There — 2024

At the preliminary hearing on 28 June 2024, the tribunal considered the claimant's wrongful dismissal/breach of contract jurisdiction point and his race discrimination claim. The claimant said he had been employed on a zero-hours contract, but the tribunal found that he had signed a Casual Worker agreement, that the respondent was not obliged to offer work and he was not obliged to accept it, and that the reality of the arrangement showed no mutuality of obligation or overarching contract of employment. It also rejected the suggestion that each shift created a contract of employment, finding instead that he was engaged on a contract for services when he worked.

On that basis the tribunal held it had no jurisdiction to determine the wrongful dismissal/breach of contract claim. As to race discrimination, the tribunal noted that it had given the claimant several opportunities to clarify the basis of his case, but he did not identify facts capable of supporting an inference that the treatment he complained of was because of race. His reliance on comparators failed because the individuals identified were witnesses or investigators in relation to the incident, not valid comparators in materially similar circumstances.

The tribunal accepted that the claimant alleged unfavourable treatment, including dismissal and asserted procedural failings, and it acknowledged the caution required before striking out discrimination claims. Even so, applying rule 37(1)(a), it concluded that the race discrimination claim had no reasonable prospect of success and struck it out. No deposit order was made and no monetary remedy was awarded.