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Agency worker’s unfair dismissal claim against States dismissed

Agency worker’s unfair dismissal claim against States dismissed

Thursday 04 May 2023

Agency worker’s unfair dismissal claim against States dismissed

Thursday 04 May 2023

An unfair dismissal claim made against the States of Guernsey was thrown out by the Employment and Discrimination Tribunal because the applicant wasn’t actually employed by the States of Guernsey but by an agency called TXM Healthcare.

Neil Duffy filed a claim against Autism Outreach – which is administered by the States of Guernsey through the Committee for Health & Social Care – on 16 November 2022.

In response, a representative for the States of Guernsey – Glen Symons – said there is no employer/employee relationship between Mr Duffy and the States, because he was “made available” to the Autism Outreach by an external agency called TXM. 

He said; therefore, the Law is not applicable in this case. 

“The Respondent accordingly has requested that the Tribunal determines as a preliminary matter that the Tribunal lacks the jurisdiction to hear and determine the Applicant’s complaint,” said the Tribunal. 

The Tribunal identified that no formal contract existed between Mr Duffy and the States of Guernsey.  

A candidate application form was also provided to the Tribunal, which Mr Duffy had signed. By signing it Mr Duffy had agreed that he had “read and understood ‘The Agency Handbook’” and within the handbook it states: 

“Your status as a ‘the agency’ locum is that of an ‘agency worker.’ This is important in relation to your employment rights and state benefits you may or may not be eligible to.” 

The Tribunal concluded by saying: “Based on the above, the Tribunal determines that the Applicant was not employed by the Respondent and therefore is not a qualifying employee for the purposes of making a complaint against the Respondent pursuant to the Law.” 

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