Intsol Recruitment Ltd
Case Summary
The case was a preliminary hearing to determine whether Mr K Theodoridis could pursue claims for unfair dismissal and race discrimination. It was found that he was not an employee but a worker, and his claims were dismissed.
Key Issues
- •employment status of the claimant
- •guaranteed hours/pay by the respondent
Claim Types
Cited Laws and Legal Issues
Act 1996 until 23 March 2024. The claimant’s claim for unlawful deduction from wages can proceed to a final hearing. REASONS Procedu
ermine whether Mr K Theodoridis could pursue claims for unfair dismissal and race discrimination. It was found that he was not a
heodoridis could pursue claims for unfair dismissal and race discrimination. It was found that he was not an employee but a worker,
n of "worker" under s. 230 (3)(b) ERA and could pursue whistleblowing claim. Sham arrangements 59. A number of cases are
s, based on their rotas/staffing needs. He was paid holiday pay by MYPL. 20. I asked the claimant what happened
Decision Text
1 of 17 EMPLOYMENT TRIBUNALS Claimant: Mr K Theodoridis Respondent: Intsol Recruitment Ltd Heard at: Bristol (in public) On: 21 March 2025 Before: Employment Judge Cuthbert Appearances For the Claimant: Miss Clift (McKenzie friend) For the Respondent: Mr Antonio (Director) PRELIMINARY HEARING RESERVED JUDGMENT 1. The claimant was not an “employee” of the respondent within the meaning of section 230 Employment Rights Act 1996. Accordingly the claimant’s claim for breach of contract cannot proceed and is dismissed. 2. The claimant was a “worker” of the respondent within the meaning of section 230 Employment Rights Act 1996 until 23 March 2024. The claimant’s claim for unlawful deduction from wages can proceed to a final hearing. REASONS Procedure and Issues 1. The case came before me as public preliminary hearing to determine (a) whether or not the claimant could pursue an unfair dismissal claim (including the issue of employment status) and also (b) whether a direct race discrimination claim should be struck out or subject to a deposit order. 2. The claims of unfair dismissal and race discrimination had been identified by an employment judge at a previous case management preliminary hearing as being the claims which the claimant was pursuing. The claimant had not ticked any of the boxes in section 8 of the ET1 form to indicate the claims he sought to pursue 2 of 17 and the narrative within section 8.2 of the form did not specify this either. He was not represented at that first hearing. English is not the claimant’s first language. 3. The claimant was supported at the present hearing by a McKenzie friend, Ms Clift, whom he indicated he also wished to represent him, to which I agreed in the circumstances. The respondent was represented by Mr Antonio, a director. 4. At the outset of the hearing, Ms Clift explained that the claimant...
Employer
Employment Details
- Industry
- Other
- Representation
- Legally represented
Case Details
- Case Number
- 6000403/2024
- Decision Date
- 04/09/2025
- Published
- 30/09/2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cuthbert