Mr P Sinnett-Thomas v 1) Hillbrooke Hotels(Somerset)Ltd 2) The Secretary of State for Business and Trade — 2024

The claimant brought claims against Hillbrooke Hotels (Somerset) Ltd, a company in voluntary liquidation, for unpaid wages, notice pay and holiday pay, and the Secretary of State for Business and Trade was joined to the proceedings. The claim against the Secretary of State was stayed because the claimant had not yet been able to make an application under section 182 of the Employment Rights Act 1996. Employment Judge Dawson proceeded to determine the claim against the 1st respondent in the interests of justice, noting the claimant was entitled to bring the claim, the 1st respondent was not contesting it, and a claim against the Secretary of State could take many months to be heard.

On the central question of employment status, the tribunal found that the letter of 11 August 2022 describing the claimant as a seasonal worker without an employment contract did not properly reflect the relationship. Applying Autoclenz v Belcher, Ready Mixed Concrete v Minister of Pensions and related authorities, the judge concluded the claimant was engaged on a permanent contract with a minimum of 16 hours per week, was subject to the respondent's control, was provided with tools, equipment and a workspace by the respondent, could not substitute another worker, and was paid when absent due to holiday. The irreducible minimum of mutuality of obligation was satisfied.

Accepting the claimant's evidence as to sums owed, the tribunal ordered the 1st respondent to pay £660 for 41.25 hours not worked (treated as an unauthorised deduction from wages), £272 as damages for breach of contract in respect of one week's notice pay under section 86 ERA 1996, and £79.66 in respect of holiday pay.