Employment Appeal Tribunal Upholds Strike Out in Zero Hours Contract Dispute
The Employment Appeal Tribunal has dismissed an appeal, confirming that a claimant’s employment ended when his contract transitioned to a zero hours arrangement.
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Tribunal Confirms Termination Date
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Mr Mathios Berhane against Mr and Mrs Olujimi. Judge Mathew Gullick KC ruled that the original Employment Tribunal did not err in law when it struck out several of the Claimant's claims, including automatic unfair dismissal, because they were presented outside the statutory time limit.
Establishing the Date of Termination
At the heart of the dispute was the effective date of termination. While the Claimant argued his employment ended on 19 July 2022, the respondents maintained it concluded on 30 April 2022. Following that date, the parties entered into a new working arrangement based on a zero hours contract. The tribunal found that the Claimant was no longer an employee from 1 May 2022 due to a lack of mutuality of obligation.
Impact of the List of Issues
The EAT emphasised the importance of the list of issues, which had been finalised during three earlier case management hearings. Judge Gullick noted that the list clearly identified 30 April 2022 as the date of termination. He stated that the tribunal was entitled to proceed on the basis of this definitive list, rather than allowing the Claimant to refashion his case at a later stage.
Contractual Status and Discrimination Claims
The EAT also addressed concerns regarding internal inconsistencies in the original judgment. While the Employment Tribunal had suggested that employment status remained a trial issue for discrimination claims, the EAT clarified this was based on a misunderstanding of the respondents' position. The respondents had accepted the Claimant transitioned to worker status after 30 April 2022, meaning there was no live dispute regarding his self-employed status to be resolved at trial.
The appeal was ultimately dismissed, as the tribunal's findings were supported by evidence and the correct application of employment law principles.
Read the entire judgment here: Berhane v Mr and Mrs Olujimi [2026] EAT 109
