Miss C Buckley v KMP Yoga Ltd T/a The Hot Spot Yoga: 2202255/2022
JUDGMENT
[1]The claimant was not an employee of the respondent within the meaning of section 230(1) of the Employment Rights Act 1996 (“ERA”).[2]The claimant’s claim for unfair dismissal is dismissed for lack of jurisdiction.[3]The claimant was a worker of the respondent within the meaning of section 230(3)(b) ERA, and was in employment of the respondent within the meaning of s.83(2)(a) of the Equality Act 2010 (“EqA”).[4]The claimant’s claims under EqA shall proceed to the final hearing.[5]At the relevant times the claimant had a disability within the meaning of s.6 EqA by reason of post-traumatic stress disorder (PTSD). Case Number 2202255/2022[6]At the relevant times the claimant did not have a disability within the meaning of s.6 EqA by reason of temporomandibular joint (TMJ) dislocation.