Ms F Wyatt v Amazon UK Services Ltd and Challenge-TRG Recruitment Ltd: 3314706/2023 Ms F Wyatt v Amazon UK Services Ltd and Challenge-TRG Recruitment Ltd: 3314706/2023
JUDGMENT
The claim of unfair dismissal made against the first respondent has no reasonable prospect of success and is accordingly struck out.REASONS
[1]The claimant at all material times had a contract of employment with the second respondent.[2]By reason of Cairns v Visteon UK Ltd [2007] ICR 616 and Patel v Specsavers Optical Group Limited UKEAT/0286/18/JOJ, unreported, decided on 13 September 2019, unless there is something unusual about the circumstances, an employee cannot be employed by two employers to do the same job.[3]There was nothing in the circumstances to justify, or require, the conclusion that the claimant was employed by both respondents. Case Number: 3314706/2023[4]In any event, the claimant had less than 2 years’ continuous employment so she could not claim unfair dismissal within the meaning of section 98 of the Employment Rights Act 1996. Approved by