Case 1402425/2020 · Employment Tribunal
Mr J Burke v Taylor Plant Limited — 2021
- Case reference
- 1402425/2020
- Decision date
- 25 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Appearances
- Venue
- Southampton
Parties
2 namedClaimant
Mr J Burke
Respondent
Key findings
Tribunal's reasoningThe hearing took place at Southampton on 1 February 2021 before Employment Judge Rayner, with both representatives attending by CVP. The tribunal recorded that Mr J Burke was a worker within the meaning of section 230(3)(b) ERA 1996, and that his holiday pay claim would be listed for a later hearing.
On the issue decided in this judgment, the tribunal found that Mr Burke was not an employee within the meaning of section 230(1) ERA 1996. Because employee status was not established, the unfair dismissal claim could not succeed and was dismissed. The written record of the decision was sent to the parties on 25 March 2021.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was not an employee within section 230(1) ERA 1996, so the unfair dismissal claim was dismissed. The judgment also recorded that the claimant was a worker within section 230(3)(b) ERA 1996 and that the holiday pay claim would be listed for hearing. | Dismissed | — | — |
Legal tests applied
2 references- s.230(3)(b) ERA 1996
- s.230(1) ERA 1996
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.
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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