Mr M Hall v Mr G Ridley & Mrs K Anthony-Ridley t/a Sloppy Joes Street Food — 2024

The Respondents did not attend the hearing, having indicated by email that they would not attend; the Tribunal proceeded under Rule 47 after considering the reasons given and the overriding objective. The name of the Respondent was amended by consent to 'Mr G Ridley & Mrs K Anthony-Ridley t/a Sloppy Joes Street Food'. The Claimant's application to amend to add a statutory paternity pay claim was granted, but that claim and the unfair dismissal claim were dismissed because the Claimant lacked the requisite qualifying service.

On employment status, the Tribunal found the Claimant was an employee at all material times. The Tribunal relied on a contract dated 24 April 2023 that the Claimant accepted verbally (and, in the alternative, by conduct), the lack of any right of substitution, the degree of control exercised by the Respondents, the provision of equipment and uniform, the Claimant's integration into the business, payment on the same payroll date as other employees, and the absence of financial risk on the Claimant. The Tribunal noted that, had it not found employee status, it would have found the Claimant to be a 'limb b' worker under s.230(3) ERA 1996.

On remedy, the Tribunal upheld the unlawful deduction from wages claim relating to an unpaid invoice of £252.96 (gross) for work on 1 and 2 July 2023, and upheld the holiday pay claim in the sum of £1,044.32 (gross), calculated using a 28.43-week reference period, total remuneration of £9,734, a week's pay of £342.02, and accrued entitlement of 3.05 weeks at the termination date. The total sum ordered was £1,297.28 (gross), subject to PAYE deductions by the Respondents.