Employee Status Determined by Employment Tribunal
📌 In brief
In this Employment Tribunal case, it was determined that the claimant was indeed an employee of the second respondent company. As a result, the claims against the second respondent will proceed to a final hearing, while the first respondent has been dismissed from the proceedings.
⚖️ Legal holding
An employer must establish that a worker is not an employee if they wish to avoid employment tribunal claims.
📖 Technical summary
The claimant was found to be an employee of the second respondent, and the first respondent is dismissed from the proceedings.
📜 Headnote Official document
The claimant was found to be an employee of the second respondent, with the first respondent dismissed from proceedings. The decision is based on evidence presented during a preliminary hearing.
📚 Full judgment Official document
OUTCOME: Allowed
Case Nos. 2401090/2025 2401091/2025
1
EMPLOYMENT TRIBUNALS
Claimants: [redacted] [NAME]
Respondents:
[redacted] 2. The [COMPANY] (in creditors’ voluntary liquidation)
PRELIMINARY HEARING
HELD AT: Manchester (by video platform) ON: 1 May 2026 BEFORE: Employment Judge Batten (sitting alone) REPRESENTATION: Claimants:
[redacted] 1. [COUNSEL], Counsel 2. In person 1. [COUNSEL], Counsel 2. No appearance JUDGMENT The judgment of the Tribunal is that: 1. The claimants were employees of the second respondent. The first respondent is dismissed from the proceedings. 2. The claims against the second respondent shall proceed to final hearing on a date to be notified.
Approved by:
Employment Judge Batten
1 May 2026
Case Nos. 2401090/2025 2401091/2025
2
JUDGMENT SENT TO THE PARTIES ON:
18 May 2026
FOR THE TRIBUNAL OFFICE
Notes: 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.
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal- decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:
https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Rejects Disability Discrimination Claims Against Police
- Employment Tribunal Late Filing Costs Claimant: Unfair & Wrongful Dismissal Claims Rejected
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Dismisses Claims for Being Out of Time
- Employment Tribunal Employment Tribunal Rejects Worker’s Unfair Dismissal Claims
- Employment Tribunal Employment Tribunal: Claimants Not Found to Be Employees
- Employment Tribunal Claimant Wins Disability Discrimination Case Against Employer
- Employment Tribunal Employment Tribunal Allows Unfair Dismissal Claim Against Employer
- Employment Tribunal Employment Tribunal Allows Unfair Dismissal Case Due to Administrative Erro…
- Employment Tribunal Unfair Dismissal and Unpaid Notice Pay Claim Allowed by Employment Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- An employer must reasonably adjust its policies for employees who are disabled, as defined by the Equality Act 2010.
❌ Tends to be rejected
- An employer may dismiss an employee on substantial grounds even if those grounds are later exonerated by a professional body like the NMC. An employer is not required to make reasonable adjustments or avoid unfavourable treatment arising from a disability if such actions are not well-founded under An employer is not liable for automatically unfair dismissal if the grounds do not meet the statutory criteria set out in the Employment Rights Act 1996. An employer may dismiss an employee summarily if they act in bad faith and undermine trust and confidence between them.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant was found to be an employee of the second respondent.
Who was involved?
A claimant and two respondents, with one being dismissed from the case.
How did the court decide, and why?
Based on evidence presented during a preliminary hearing, the tribunal ruled in favour of the claimant's status as an employee.
Which laws or rules were applied?
No specific laws or rules are mentioned in this judgment.
What was the argument that mattered most?
The evidence showing the employment relationship between the claimant and the second respondent.
Was the decision for or against the person who brought the case?
For the claimant, as their status as an employee of the second respondent was confirmed.
What does this mean for someone in a similar situation?
If you believe you are an employee and your employer disputes it, evidence showing your employment relationship is crucial.
What evidence or documents mattered?
Evidence demonstrating the claimant's status as an employee of the second respondent was key.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek legal advice from a qualified solicitor for such cases.