'British Energy' to fight tribunal decision

A FORMER employee of British Energy has won a landmark legal victory which could benefit 200 contractors at the firm's headquarters in Barnwood.

Sarah Lucas took the nuclear power company to court, claiming unfair dismissal and equal pay.

British Energy had said that, as a contractor, Mrs Lucas was not entitled to the same rights as other employees.

But a Bristol tribunal ruled that, after six years working at Barnwood, the working relationship between Mrs Lucas and British Energy had "become a relationship of employer and employee".

Mrs Lucas' solicitors, Cheltenham-based Willans LLP, believe the ruling could set a precedent.

Contractors at the Barnwood centre might now be entitled to employment rights and benefits such as holiday, sick pay and maternity benefits.

William Morse, employment law partner at Willans, said: "This is a very significant judgment, not only for my client, but also potentially for a great many other workers labelled as contractors.

"It is possible that a number of workers at the British Energy sites may be entitled to the same recognition of their employment status and to the statutory entitlements that go with it, such as accumulated holiday and sick pay."

Mrs Lucas, from Cheltenham, worked as an administrator for the company, which employs an estimated 1,700 staff at Barnwood alone, for more than six years until June 2009. The judgment was delivered at a tribunal on July 12 this year.

A spokesman for British Energy, which became part of EDF in 2009, said: "We are disappointed with the decision of the tribunal hearing. We believe we have good grounds for, and will be lodging, an appeal. In view of this it would be inappropriate to comment further."

British Energy and Morson Human Resources Limited, a British Energy service provider, claimed Mrs Lucas was not an employee of British Energy but merely provided work for them as an independent contractor.

The tribunal ruled against their claims. It means Mrs Lucas can now proceed with her employment claims.