Ex-Unite Tutor wins employment status ‘zero hours contract’ case

Rahman Lowe Solicitors win complex employment status case against the UK’s largest trade union, Unite.

Martyn Reuby, a trade union activist and ex-lecturer of Unite the Union succeeds with his claim that he was an employee of Unite, rather than a ‘self-employed’ tutor.

Mr Reuby claims that he was fired because he blew the whistle about Unite’s use of zero hour contracts and the denial of basic employment rights for tutors. At a preliminary hearing, his legal team successfully argued that Mr Reuby was an employee of Unite under a series of short term contracts.

Mr Reuby’s lawyer, Jahad Rahman, of Rahman Lowe Solicitors said: “This decision is a victory for common sense and we are delighted with the Tribunal’s decision. The Employment Tribunal found that my client had satisfied the minimum requirements for “employee” and “worker” status. The Judge concluded on the evidence that Martyn’s work was controlled by Unite, that he was required to provide a personal service and that there was a mutual obligation between him and Unite to provide and do work. These were all factors that were consistent with an employment relationship with Unite.”

Mr Reuby was treated in all respects as an employee of Unite. The successful legal challenge paves the way for Mr Reuby to bring a whistleblowing claim.

Jahad Rahman said: “There’s a moral as well as legal issue here because workers should not be denied basic employment rights. Unite has openly campaigned about the use of zero hour contracts, which provide far fewer benefits such as holiday pay and pension, yet there is evidence in this case that tutors employed by Unite and other colleges worked under zero hours contracts. My client was dismissed without any notice. He received a P45 in the post. No fair process was followed”.

Mr Reuby said: “It is good news – especially as I have been a union member for 42 years and I never ever thought I would be taking my union to court. It is hypocrisy because effectively what they were using was zero hours contracts through the back door”.

The legal challenge brought by Mr Reuby could open the door for other tutors who continue to deliver courses on behalf of Unite at various colleges across the UK.

This case has received considerable press attention and was reported in the Evening Standard, The Sun, Daily Mail and The Express.