Max Lansman acted pro bono for the successful claimant, DG, in an appeal against an employment tribunal decision. The case was referred to Max by Pro Bono Connect instructed by Work Rights Centre.
Background to the initial claim
In January 2023, DG brought a claim against her former employers after she was dismissed from her job as head of marketing and advertising for a group of gyms.
Her claim was for unfair dismissal, redundancy payment, unpaid wages, holiday and notice pay.
Acting as a litigant in person, she made a claim against each of the 4 companies in a group that run the gyms.
First Employment Tribunal hearing
In June 2023, DG appeared at the first employment tribunal hearing. None of the 4 respondent companies submitted a response to her claims.
However, the tribunal awarded default judgment against the first respondent - the company the group had named in DG’s contract of employment and payslips- which was in the process of being struck off.
The tribunal initially refused to reconsider, but on appeal was ordered to do so by the Employment Appeal Tribunal.
Reconsideration hearing
At the reconsideration hearing this month, represented by Max, DG set out extensive evidence (prepared by the Work Rights Centre with Max’s assistance) showing to whom she reported, who gave her instructions as to what work needed to be done and who approved it.
Max submitted that this evidence showed that DG was in fact employed by the second respondent, the parent company of the group.
Employment Judge Butler found that it was “abundantly clear … that all of the Claimant’s work was directed by the Board of Directors of the second respondent”.
He revoked the previous judgment against the first respondent and instead gave judgment against the second respondent.