An employment tribunal is not entitled to draw an inference of discrimination from the mere fact that an employer has treated an employee "unreasonably", since not all unreasonable treatment is discriminatory.
Ms Rojas began working for Market One Europe (MOE) in August 2006 on a series of fixed term contracts. She worked from home in Spain on a part time basis. She then moved to Milton Keynes and continued to work from home. In April 2009 a change in policy meant that all contractors became employees on substantially the same terms as before. From this time on it was common ground that she was employed.