The British Council

Case Number: 3201079 / 2023 EMPLOYMENT TRIBUNALS Claimant: Mr A Powell Respondent: The British Council Heard at: Cardiff On: 10, 11 and 12 September 2024, 16, 17 and (when parties did not attend) 20 January 2025 Before: Employment Judge R Brace Representation: Claimant: In person Respondent: Interpreter: Mr P Mitchell (Counsel) Ms N Hurford (10-12 Sept 2024 and 16 January 2025) Mr S William (17 January 2025) RESERVED JUDGMENT PRELIMINARY HEARING IN PUBLIC The judgment of the Tribunal is as follows: Employment status 1. The Claimant was not an employee or worker of the Respondent at the relevant time. 2. The claim is therefore dismissed because the Tribunal does not have jurisdiction to determine it. WRITTEN REASONS Background and Introduction 1. This preliminary hearing has been conducted over the course of six days: three days in September 2024, when it was adjourned part-heard, and three days in January 2025, for completion of the evidence, submissions and deliberation (the parties did not attend on day six). ET1 Claim and ET3 Response 2. The Claimant had filed a claim on 15 June 2023 [11], asserting that his employment with the Respondent as an International English Language Testing System Examiner (“IELTS Examiner”), had commenced on 24 October 2016. In the attachment to his ET1 Claim form [20], he stated that he was paid through a third party company that provided payroll services, but that he was not including that third party company within his ET1 claim as he did not consider that company to be relevant. He clarified that he claimed against the Respondent for: a) Holiday pay for annual leave taken for 2022; b) Refusal to pay for grading between December 2022 and February 2023; and c) Compensation for days when he was not working between December 2022 and February 2023. 3. He stated (§3 ET...