Mr P Robinson v R Care Procurement Services and others: 2503248/2018

EMPLOYMENT TRIBUNALS

Case No 2503248/2018

Between

Mr P RobinsonClaimant

R1 R Care Procurement Services R2 Paymax Ltd R3 Ezy Solutions GroupRespondent

Before

Employment Judge Martin

Date 30 September 2019

JUDGMENT

The claims against the second respondent namely Paymax Ltd and the third respondent namely Ezy Solutions Group are dismissed following a withdrawal by the claimant. The claimant’s remaining claim(s) against the first respondent will proceed to a public preliminary hearing on 22/07/2019. _____________________________ Employment Judge Martin 24 May 2019 Case No. 2503248/18 1 EMPLOYMENT TRIBUNALS Claimant: Mr P Robinson Respondent: R Care Procurement Services Limited HELD AT: North Shields ON: 22 July 2019 BEFORE: Employment Judge Aspden REPRESENTATION: Claimant: Respondent: In person Mr Coates, director JUDGMENT The judgment of the Tribunal is as follows:

[1]The claimant entered into, and worked under, a discrete contract with the respondent each time he accepted an assignment from the respondent.

[2]The contracts that the claimant worked under were contracts personally to do work. The claimant was, therefore, an ‘employee’ of the respondent within the meaning of that term in the Equality Act 2010.

[3]The contracts were neither contracts of service nor contracts of apprenticeship. The claimant was, therefore, not an ‘employee’ of the Respondent within the meaning of that term in the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and the Employment Tribunals Act 1996. The claimant’s claim for breach of contract in relation to notice is dismissed as the Tribunal does not have jurisdiction to consider it. Case No. 2503248/18 2 Employment Judge Aspden Date____23 July 2019______________ Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No:2503248/2018 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mr P Robinson Respondent: R Care Procurement Services