Serial Claimants
In the recent case of Berry v Recruitment Revolution and others, the Employment Appeals Tribunal (EAT) concluded that it was not possible for an individual with no intention of applying for a particular job to bring a successful claim for a discriminatory job advertisement in connection with that role
Mr Berry was a serial claimant, bringing a number of claims against recruitment agencies and employers in connection with job advertisements which he argued discriminated against people attaining a certain age. Mr Berry was in his 50’s and he stated that job advertisements asking for ‘school leavers’ and recent ‘graduates ’were discriminatory. Mr Berry did obtain out of court settlements in a number of the claims but 4 proceeded to Tribunal.
In this case, the Judge commented that as Mr Berry had no intention of ever applying for the jobs his claims were linked to, his claims could not succeed. The EAT then warned Claimants like Mr Berry “who try to exploit the Regulations for financial gain in such circumstances (that they) are liable to find themselves facing a liability for costs”.
Claims on the rise
Organisations are reminded that Tribunal claims are on the rise and to be mindful of the correct procedures to be followed in order to minimise any risk of an employee pursuing a Tribunal claim. In particular, the chart below shows a steep rise in the number of claims brought for unathorised deductions. Employers should ensure they have the right to make such deductions before making them and should be weary of stopping certain payments, such as ‘discretionary’ bonus payments, which may have become contractual over time.
Lap dancer loses battle
A lap dancer who formally worked at Stringfellows and brought a claim against it for unfair dismissal has lost her case. Nadine Quashie worked at the club for just over one year and was hired as a self employed worker, not as an employee. Ms Quashie argued that she had attained employee status due to the control the club had over her work but the Tribunal deemed her to be self employed and therefore, her claim was struck out.
Organisations should ensure that if they do hire self employed workers, they should have an agreement in place which covers the work they do and confirms the status of the worker. The agreement needs to be very carefully drafted to reduce the risk of the worker being deemed an employee in any potential future claim.
