In person For the v Mrs Hambleton, Solicitor — 2019

This was a preliminary hearing on employment status in a claim brought by Mr Geoff Jones for unfair dismissal against West Penrith Community Bus Association. The tribunal found that Mr Jones had been a paid driver, had signed an employment contract in 2012, and resumed paid work from May 2015. It accepted his evidence that the contract remained in place, and noted that the respondent initially agreed in its notice of appearance that the employment dates relied on by the claimant were correct.

The tribunal found that the drivers were managed through weekly rotas, that the claimant and other drivers could request holiday or changes in advance, but that once the rota had been agreed they were expected to cover the shifts allocated to them and were under the respondent’s direct control when driving. It also found that the claimant was treated as an employee for tax purposes, was paid through PAYE with employee National Insurance deducted, was entitled to annual leave and statutory sick pay, was not in business on his own account, and had no contractual right to send a substitute driver.

Applying section 230 of the Employment Rights Act 1996 and the authorities cited, including Autoclenz, Ready Mixed Concrete, Nethermere, and Express and Echo Publications v Tanton, the tribunal held that the claimant was contractually obliged to carry out the work personally and that there was the necessary irreducible minimum of obligation. It therefore concluded that he was an employee at all material times and that the tribunal had jurisdiction to hear his unfair dismissal claim.

The judgment records that this was a jurisdictional decision only and that no compensation was awarded. The substantive unfair dismissal claim was not determined in this decision.