In Person First v Mrs Watson (HR Consultant) Second Respondent: Struck off companies house register Third Respondent: No appearance — 2021

The tribunal found that the claimant worked as a security guard for the first respondent from 9 August 2018 until around November 2019, remaining on the books until March 2020. It accepted that where he worked, when he worked, and his rate of pay were determined by the first respondent through Jema Paull. Payment was routed through the second respondent, which issued payslips and paid money into the claimant’s account, while the first respondent funded the gross pay. The tribunal accepted the claimant’s evidence that the purported subcontracting arrangement involving the third respondent did not reflect the true position and that the document said to be a self-employed engagement agreement had not been seen or signed by him.

On that basis, the tribunal held that the claimant was a worker of the first respondent within Regulation 2 of the Working Time Regulations 1998. It found that he entered into an oral contract with the first respondent, performed personal services as a security guard, and was at least a limb (b) worker. The tribunal said it did not need to decide whether he was also an employee. It awarded £1,650 holiday pay against the first respondent.

The tribunal also recorded that the claimant’s statutory sick pay complaint was not a matter for the employment tribunal and should be taken to HMRC’s statutory payment dispute process. Separately, it allowed 20 hours at £40 an hour as a preparation time award, stating that the first respondent’s attempt to avoid paying holiday pay was misconceived and unreasonable. The total payable under the judgment was £2,450, to be paid within 14 days of the judgment being sent to the parties.