Blakely v On-Site Recruitment Solutions Ltd: On-Site settles in full ahead of fresh tribunal
11 June 2018
11 June 2018
Trade union, Unite, has announced that following their ‘ground-breaking legal victory’ at the Employment Appeal Tribunal (“EAT”) in the case of Blakely v On-Site Recruitment Solutions Ltd (“On-Site”) & Heritage Solutions Ltd, On-Site has settled in full with Mr Blakely shortly before the case was due to be remitted to a fresh Employment Tribunal (“ET”).
The union took the case on behalf of Russ Blakely, a pipefitter who carried out work on the Broadmoor hospital redevelopment project from January 2016 until May 2016. The judgement of the Employment Appeal Tribunal concluded that the case should be remitted to a fresh Tribunal to establish who Mr Blakely’s employer was – On-Site Recruitment Solutions Limited (agency), Heritage Solutions Ltd (umbrella company) or conceivably, both.
Ahead of the case being remitted, Mr Blakely has walked away from his lengthy legal battle with a settlement sum of £2,500 paid by On-Site for unfair deduction of wages.
To read our news on the EAT case, click here.
To read our news on the ET case, click here.
Aspire Comment
With the case having settled out of court we will be deprived of the opportunity to hear the detail and the judge’s conclusion on what appeared to be a prime example of how not to engage a temporary worker.
As such, whilst Unite may publicise this outcome as a “final victory in employment agency and bogus self-employment battle” the case does not set any precedent.
If you have any concerned about your engagement of self-employed individuals, your contractual terms or your use of intermediaries, then please get in touch with Aspire to discuss how we can help.