Soho Theatre Company Ltd

Case No: 2221314/2024 EMPLOYMENT TRIBUNALS Claimant: Mr A Benjamin Respondent: Soho Theatre Company Ltd Heard at: London Central On: 21 st February 2025 Before: Employment Judge MJ Reed Representation Claimant: In person Respondent: Ms Rosie Knight, Counsel RESERVED JUDGMENT ON PRELIMINARY HEARING 1. Mr Benjamin was not an employee for the purposes of the Employment Rights Act 1996. 2. The claim for unfair dismissal is therefore not well founded and is dismissed. 3. Mr Benjamin was an employee for the purposes of the Equality Act 2010 and a worker within the meaning of section 230 of the Employment Rights Act 1996. 4. Mr Benjamin’s contractual relationship with Soho Theatre Ltd was terminated by Soho Theatre, without notice, on 2 nd October 2023. REASONS Claims and issues 1. The substantive issues to be resolved at this preliminary hearing were determined in Employment Judge Moxon’s order of 4 th October 2024 as follows: Case No: 2221314/2024 a. Whether the claims have been brought in time b. The Claimant’s employment status and dates c. Disability and knowledge 2. By letter dated 6 th December 2024, Soho Theatre Company accepted that, at all relevant times, Mr Benjamin had the conditions of complex post—traumatic stress disorder (CPTSD), anxiety and depression. It also accepted that these conditions meant that, at all relevant times, Mr Benjamin had a disability as defined by the Equality Act 2010. 3. Soho Theatre Company also accepted that it had knowledge of Mr Benjamin’s disability from 18 th March 2024, but did not accept that it had such knowledge earlier than that date. 4. I concluded that both the concessions made by Soho Theatre and the limited time available in the hearing were a material change of circumstances that meant it was appropriate to alter the previous decision to seek to determin...