Case 1304574/2018 · Employment Tribunal
in person For the v Mr G Oretel, Direct of Respondent — 2019
- Case reference
- 1304574/2018
- Decision date
- 6 March 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Richardson Signed
Parties
2 namedClaimant
in person For the
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant's employment status claim under s230(1) and (2) ERA 1996 was not well founded. It rejected the respondent's case that the claimant was self-employed, but it also rejected the claimant's case that he had been taken on as a permanent employee on 15 May 2018. On the evidence, the tribunal held that he was a worker under s230(3)(b), not an employee.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal rejected the claimant's employment status case under s230(1) and (2) ERA 1996 and held that he was a worker under s230(3)(b), not an employee. | Dismissed | — | — |
| Unlawful deduction from wages | The claim for arrears of pay succeeded. The tribunal found the claimant worked 176.50 hours at £10 per hour and did not accept his case that the agreed rate was £12.50 per hour. | Upheld | — | — |
| Holiday pay | The claim for holiday pay succeeded on a pro-rated basis. The tribunal found the claimant was entitled to 21 hours 19 minutes of holiday pay. | Upheld | — | — |
| Breach of contract | The claim for notice pay failed because, as a worker rather than an employee, the claimant was not entitled to notice pay. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,978
- across all upheld claims
Legal tests applied
4 references- s.230 ERA 1996
- mutuality of obligation
- Ready Mixed Concrete
- Autoclenz
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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