Mr. S. Kinsella (1) Mr. Alan Wilkinson (2) Mr. Edward Archibald deceased (3) v Randstad CPE Limited and 1 other — 2024

The tribunal found that the three claimants, specialist bricklayers, began work on DRG's construction site in June 2022 after Mr Wilkinson approached site manager Jim Higson directly. Mr Wilkinson started work on or about 20 June 2022 and Mr Kinsella and Mr Archibald on or about 23 June 2022. The tribunal found that this oral arrangement with the second respondent pre-dated any involvement by Randstad CPE Limited, Apex/Emerald or the written paperwork relied on by the respondents.

The tribunal accepted the claimants' evidence that the later self-employed and assignment documentation did not reflect the reality of the relationship. It found that the documents were signed electronically by Miss Thompson of Apex/Emerald on behalf of the claimants, that the claimants did not read them, and that they understood the paperwork was for payment purposes. On the evidence accepted by the tribunal, DRG's site team controlled the claimants' start and finish times, breaks, PPE, materials and day-to-day work, set the daily rate of £200, and prepared the timesheets that were passed through Randstad to Apex/Emerald for payment.

Applying section 230(3)(b) ERA 1996 and the authorities cited, including Byrne Brothers, Autoclenz and Uber, the tribunal held that the claimants were workers of the second respondent. Their holiday pay claims therefore succeeded. The first claimant was awarded £2,790.25, the second claimant £2,121.68 and the third claimant £3,089.77. The first named respondent was dismissed from the proceedings.