Mrs P Hebden-Jacks v Aura Leisure and Libraries Ltd — 2021

The tribunal’s only substantive claim was unfair dismissal. The central issue was employment status: whether Mrs Hebden-Jacks was an employee, a worker, or self-employed in relation to her work at Deeside Ice Rink. The tribunal heard evidence from Mrs Hebden-Jacks and Mr Ian Foster, and reviewed the written Ice Coaches Agreement dated 1 April 2013.

The tribunal found that the written agreement was not a sham and reflected the parties’ actual arrangement, save that any wording purporting to classify the relationship as self-employed could not determine statutory status. It held that the agreement covered both Learn to Skate lessons and private lessons, and that its terms were inconsistent with employee status. In particular, the tribunal found little or no control by the respondent, no sufficient mutuality of obligation, no meaningful integration into the respondent’s operations, and that the economic reality was that Mrs Hebden-Jacks operated her own business and paid rink rent.

Applying the relevant authorities and statutory definitions, including the status provisions in the Employment Rights Act 1996 and the case law it cited, the tribunal concluded that the respondent was the claimant’s client or customer rather than her employer. It found that personal service was required, but that this was not enough to establish employment. The tribunal therefore held that Mrs Hebden-Jacks was not an employee on the alleged effective date of termination and dismissed the unfair dismissal claim. No monetary remedy was awarded.