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A case of unfair dismissal was noteworthy for issues in determining just who the claimant’s employer was.
Robert Wright, who worked for an employer between 2014-2016, was dismissed – in his view – unfairly. He brought complaints against 19 respondents, including one of unfair dismissal, as he was unsure of the precise name and designation of the legal entity or entities for whom he worked.
With all 19 respondents represented by one solicitor, the claim was resisted and it was contended that Mr Wright wasn’t an employee of any of them, but was in fact a self-employed contractor.
The tribunal, however, found that Mr Wright was actually an employee of the tenth respondent, Chiahealth Property Ltd, between May 2014 and September 2015, and that this company was associated with the nineteenth respondent S D Aberdeen Ltd, which employed Mr Wright from September 2015 until August 2016 – giving him continuity of employment stretching over 2 years.
This continuity of employment, necessary with reference to the Employment Rights Act, was a key basis for pursuing a claim of unfair dismissal.
To read the full case and to appreciate the difficulty in determining Mr Wright’s employer, please click here.