The claimant worked for an agency but the agency ceased to supply the workers and the role was assumed by the respondent. In subsequent proceedings the EJ found there had been an organised grouping of workers so the respondent appealed.

John Bowers KC, sitting as a deputy, dismissed the appeal partly because the respondent had provided very little evidence to disprove the grouping and also because the judge went on to find that this was “a settled group of employees, placed by the Respondent (and its predecessor) to work in a specific location” and was not merely “a combination of circumstances” as per Moreman.