Whistleblowing and Breach of Contract
Heard at London East
The Tribunal found that the claimant was a self-employed franchisee, not an employee or worker, and therefore had no jurisdiction to hear the claims; the entire case was dismissed on jurisdictional grounds.
Legal Issues (6)
- Determination of employment status under s.230(1) ERA 1996 (employee) and s.230(3)(b) (worker)
- definition of employee under s.83(2)(a) EA 2010
- requirement for personal service
- effect of substitution clauses
- conditional offer of employment and whether a binding contract was formed
- application of Autoclenz and Pimlico Plumbers principles
Reference: 3201090/2024
