Miss J Davies v Daniel Collins and Julian Powell T/a Elbow Lane Dental Care: 2411534/2018
JUDGMENT
[1]By consent the title of the respondent in these proceedings is amended to Daniel Collins and Julian Powell t/a Elbow Lane Dental Care.[2]The claimant was not working under a contract of employment and therefore her complaints of unfair dismissal and of breach of contract are dismissed.[3]The claimant was a “worker” as defined by section 230(3)(b) Employment Rights Act 1996 and working under a contract personally to do work under section 83(2) Equality Act 2010, and her complaints of a failure to pay holiday pay and of disability discrimination can proceed.[4]The complaint of discrimination arising from disability contrary to section 15 Equality Act 2010 is dismissed upon withdrawal by the claimant.