Mr Ewan David Wells v Rugby Farmers Mart Limited — 2025

At a preliminary hearing in Birmingham on 6 December 2024, with oral reasons given on 13 January 2025 and written reasons issued on 3 April 2025, Employment Judge Akhtar heard evidence from Mr Ewan David Wells and Mr Tom Wrench. The issue was whether Mr Wells was an employee under section 230(1) ERA 1996 and section 83(2)(a) EqA 2010, or alternatively a worker under section 230(3)(b) ERA 1996, in relation to claims for unfair dismissal, direct age discrimination, failure to provide a written statement of terms, unpaid notice and holiday pay.

The tribunal accepted that the parties had a verbal arrangement from around 16 May 2008 to around 4 July 2023 for cleaning and droving work on market days. It found the initial hourly rate was unclear as between £10 and £11, later increased in 2013 to £12.50 an hour. Mr Wells submitted weekly invoices at his request, was VAT-registered, was not paid through PAYE, and had been described as self-employed, but the tribunal treated those labels and tax arrangements as non-determinative. It found there was a contract in existence between the parties.

Applying the Ready Mixed Concrete factors and later authorities on status, the tribunal found Mr Wells was not required to perform the work personally, could substitute, was not obliged to accept work, and the respondent was not obliged to offer it. It also found insufficient control: he chose his own hours, did not clock in or out, was not subject to annual leave procedures, internal discipline policies or a pension scheme, and provided his own PPE. The tribunal concluded he was neither an employee nor a worker, that the respondent was a client or customer, and that it therefore lacked jurisdiction. All claims were dismissed in their entirety.