I was an agency worker and I was sacked for making a protected disclosure.
I have taken the company and my agency to the Tribunal
The company has sent in their ET3
In it, they are claiming that they are not the one that "substantially" determines the terms in which I worked
I have looked at the Law: section 43k of the employment rights act 1996
In particular 43k (1)(a)(ii) and sees that it should be could be either one of them or both of them.
But also I have looked at Day v Lewisham and Greenwich NHS Trust and Health Education England UKEAT/0250/15/RN
Where the Judge ruled that it must be one
Meanwhile, in McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15/JOJ
The Judge ruled that it could be both (see para 38 (i))
I think the difference in outcome is due to the word "substantial"
So guys; what is the meaning of "substantial" in this context?
Also, what does "terms" mean in 43k (1)(a)(ii).