Miss R Johnson (1) and Mr T Forrest (2) v Pub Solutions (South West) Ltd — 2019

This was a preliminary hearing about employment status and service. The tribunal considered the Management Agreement under which Miss Johnson and Mr Forrest ran The Winchester in Taunton, together with the way the arrangement operated in practice. It found there was a contract, but that the written self-employment wording did not reflect the reality of the relationship.

The tribunal held that the Claimants had to perform the work personally. Although the agreement referred to the licensee being able to engage staff, any practical hiring needed permission from Ms Robinson as Designated Premises Supervisor, and the evidence did not show any genuine right of substitution in practice. The tribunal also relied on the requirement that the Claimants reside on the premises, the company's detailed supervision through site visits, and the company's unilateral adjustments to the Claimants' net take.

Standing back, the tribunal concluded that the arrangement had been dressed up to look self-employed but was in reality employment. It therefore found that the Claimants were employees and workers of the Respondent within section 230 of the Employment Rights Act 1996. The tribunal further found that their employment began on 18 July 2018 and ended on 10 December 2018, so they did not have the two years' service required for an ordinary unfair dismissal claim under section 108 ERA 1996 unless an exception applied. The tribunal then made orders for the further disposal of the case.