Miss L McKay v Mr D Widdowfield and North of England Commissioning Support Unit: 2504287/2019

EMPLOYMENT TRIBUNALS
Case No 2504287/2019
Miss L McKayClaimantMr D Widdowfield and North of England Commissioning Support UnitRespondent
Employment Judge JohnsonIn person for claimantDate 6 August 2021

JUDGMENT

[1]The claimant was not an employee of the second respondent within the definition set out in Section 230 of the Employment Rights Act 1996.[2]The claimant was not a “worker” for the second respondent within the definition set out in Section 230 of the Employment Rights Act 1996.[3]The claimant was not a “worker” for the second respondent within the definition set out in Section 43K of the Employment Rights Act 1996.[4]The claimant’s complaints against the second respondent of being subjected to detriment for making protected disclosures therefore have no reasonable prospect of success and are struck out.[5]The claimant’s claims against the first respondent will proceed. The claimant and first respondent will be notified of the date and time of a private preliminary hearing by telephone at which further case management orders will be made to Case Number: 2504287/2019 ensure that the case is fully prepared for final hearing and a date will be fixed for that final hearing. EMPLOYMENT JUDGE JOHNSON