Transport For London and Others

1 of 4 EMPLOYMENT TRIBUNALS Heard at Croydon (by video) On 5 November 2025 Claimant Miss Kiana Johnson Respondents (1) Transport For London (2) Luke Giles (3) Reed Recruitment Agency (4) Steve Clark Appearances: Claimant In person First and Second Respondents Tim Welch of counsel, instructed by Eversheds Sutherland (International) LLP Third and Fourth Respondents Palak Sikri of counsel, instructed by Reed Group Legal Department JUDGMENT ON A PRELIMINARY ISSUE 1. The claim of unfair dismissal against the first respondent is dismissed. 2. The claimant’s remaining claims will proceed to a hearing on . REASONS Background 1. Miss Johnson has brought claims of unfair dismissal and disability discrimination against Transport for London (TfL) and against Reed, the employment agency who supplied her to work there. The second respondent is Mr Giles who is employed by TfL and the fourth respondent is Mr Clark who is employed by Reed. 2 of 4 2. This hearing was listed to consider whether or not to strike out the claim of unfair dismissal against TfL on the basis that Miss Johnson was not an employee of theirs. 3. The essential position is not in dispute: Miss Johnson had a contract with Reed to supply her services to TfL and they paid her, while Reed had a contract with TfL. 4. Mr Giles provided a witness statement setting out in more detail the working arrangements and there was no dispute about his account. In summary, Miss Johnson worked as a Topographical & Driver Skills Assessor within TfL’s Driver Assessment Team from 22 February 2022. Their role is to assess candidates for driving jobs. The tests are conducted on a computer and the Assessors invigilate the tests to ensure fair play. They generally worked for five days a week, mainly in the office but with some home working. In May 2024 there were about 15 Assessors in the team, of whom nine were agenc...