2. Fabio employs night guards for his security company, Tight Defence Ltd, on a casual basis. The job involves each night driving to and inspecting 17 sites in the Greater London area. Guards must of course have a valid driving licence. Fabio provides them with a vehicle and a uniform, which are in the company’s colours and carry the company’s logo.

2. Fabio employs night guards for his security company, Tight Defence Ltd, on a casual basis. The job involves each night driving to and inspecting 17 sites in the Greater London area. Guards must of course have a valid driving licence. Fabio provides them with a vehicle and a uniform, which are in the company’s colours and carry the company’s logo.
Each evening men and women hoping for work gather at the head office and Fabio chooses some from a list. Those on the list are under no obligation to turn up, save that if they fail to show for 5 consecutive days they are presumed to be no longer interested and struck off the list. Each person hired is paid a ‘fee’ of £60 for the night, without deductions for tax or national insurance. Those hired are required to sign a declaration that they have been hired on a self-employed basis, and are responsible for their own tax and national insurance.

One of these guards, Frank, who has worked for Tight Defence for five years, took a week off for a holiday, and has since been struck off the list. He wants to claim for unfair dismissal.

Advise Frank if he qualifies as an employee.

3. Ranjat, a Sikh, applied for one of ten vacancies in a sweet factory, Munchies. He was told that:

(a) In the interests of hygiene beards cannot be worn in the factory.

(b) The company uniform, which includes a safety helmet, must be worn during working hours. This was to protect workers in case anything fell from the catwalks above the factory floor.

(c) He must take an English examination. It was not necessary to pass the test, but the best performers would be preferred.

Ranjat told the interviewer that his religion required him (1) to wear a beard and (2) not to disregard his turban. Thus he could not shave his beard off nor wear the company’s safety hat, although he did point out that his unshorn hair combined with his turban provided good protection to the head.

In the English test Ranjat came thirteenth out of 25 applicants. He was not offered a job.

Advise him as to whether or not he has been discriminated against within the meaning of the Equality Act 2010.

Leave a Reply