London Borough of Havering

Case Summary

All claims brought by Mr A Watts against London Borough of Havering were dismissed. The Tribunal found that the Claimant was an agency worker and did not have a contract of employment with the Respondent.

The tribunal found that the claimant was an agency worker without a contract of employment with the respondent, and therefore lacked the necessary employment status to bring claims against them.

• •Did the Claimant have a contract of employment with the Respondent?
• •Does the Tribunal have jurisdiction to hear his breach of contract claim?
• •What were the terms of his contract in relation to notice?
• •Was the termination of the Claimant’s assignment/contract on 13 August 2021 a breach of contract?
• •Was the Claimant’s interview on 15 July 2021 a protected act?
• •Was the Claimant treated to his detriment by the Respondent?

1 EMPLOYMENT TRIBUNALS Claimant: Mr A Watts Respondent: London Borough of Havering Heard at: East London Hearing Centre (in public; by video) On: 19, 20, 21, 25 and 26 April 2023 Before: Employment Judge Klimov Members: G Forrest S Jeary Appearances: For Claimant: Mr J Merry (Lay representative) For Respondent: Mr D Moher (Solicitor) JUDGMENT All Claimant’s claims fail and are dismissed. REASONS Background and Issues 1. By a claim form dated 22 September 2021, the Claimant brought claims for breach of contract/notice pay and victimisation. The Respondent presented a response denying all the claims and contending that the Claimant was not an employee of the Respondent, but an agency worker, and therefore the Tribunal did not have the jurisdiction to consider the Claimant’s claim for breach of contract. 2. On 18 July 2022, there was a case management preliminary hearing before Employment Judge Beckett. The following list of issues was settled at the hearing: The Issues 50. The issues the Tribunal will decide are set out below. 2 Preliminary Issue Contract of Employment/Jurisdiction 1. Did the Claimant have a contract of employment with the Respondent? 2. If not, does the Tribunal have jurisdiction to hear his breach of contract claim? 3. The Respondent says that the Claimant was an agency worker, working through the Adecco agency. 4. The Claimant asserts that he was an employee of the Respondent. Alleged Breach of Contract 5. If the Tribunal does have jurisdiction, what were the terms of his contract in relation to notice? 6. The Claimant argues that he had a fixed term contract, which ran for a minimum of 6 months. 7. The Respondent argues that the Claimant’s contract entitled him to a minimum of a week’s notice. 8. Did Ms Chandler’s emails of 17 March of 26 March 2021 create a fixed term cont…