Miss K John v Water Wings Swim School — 2022

The tribunal found that Miss K John was a worker within the meaning of section 230(3) ERA 1996 and rejected the respondent's case that she was self-employed. It relied on the set hours, the Water Wings t-shirt/uniform, the requirement for personal performance with only a limited right of substitution, the way hours were recorded, and the absence of evidence that she was operating her own business or negotiating her own fees.

On wages, the tribunal upheld the claim for unauthorised deduction in respect of unpaid hours on 25/10/20 and 13/12/20, amounting to £96. It found that no consent had been given for the deduction linked to the 13/12/20 assessment dispute, and accepted the claimant's evidence that the relevant documents were timesheets rather than invoices. The tribunal did not award payment for the 15/12/20 shift because the claimant did not expect to be paid for work not done and, on the facts found, the respondent's instruction not to attend was not unreasonable.

The tribunal also upheld the holiday pay claim and accepted the claimant's calculation of 1.5 days at £12 per hour, totalling £144. It further awarded £192 under section 38 Employment Act 2002 for failure to provide written terms of employment, noting in the written reasons that its oral judgment had initially stated no award but that this was corrected. The total award was £432, and the judgment states that tax and NI are payable by the claimant.