Mr I Moulton v Farm Solutions Ltd — 2020

This reserved judgment at Manchester on 30 November 2020 determined only the preliminary issue of status. Mr I Moulton, who appeared in person, had been engaged as a Regional Manager from March 2015 until the consultancy was terminated on four weeks' notice on 26 June 2019. The Tribunal held that he was a limb (b) worker under regulation 2 of the Working Time Regulations 1998 and section 230(3)(b) of the Employment Rights Act 1996.

The Tribunal accepted that the written Consultancy Agreement described the relationship as one of independent contractor and permitted substitution only with the respondent's prior written approval. It also noted the provisions allowing administrative help and other work subject to restrictions. However, it found that the right of substitution was limited and only likely to be used for emergency cover, that Ms Welch was administrative support rather than a substitute, and that parts of the work had to be done personally, including Tuesday Skype calls and duties affected by Gangmasters Licence requirements.

Looking at the relationship as a whole, the Tribunal concluded that Farm Solutions Ltd was not a client or customer of any profession or business carried on by the claimant. It relied on the way the claimant was invoiced, the supervision and control exercised, the presentation of the claimant to clients, and the conclusion that the relationship did not change over time. The judgment did not determine the holiday pay, Regulation 14 Working Time Regulations, or unlawful deduction from wages issues; those matters were left for a final hearing.