Mr S Agyemang Mr D Conway Mr S Fowler v Stonebridge Homes Limited — 2020

The tribunal heard claims by Mr S Agyemang, Mr D Conway and Mr S Fowler arising from work they carried out for Stonebridge Homes Ltd as a bricklayers' gang. A preliminary issue was whether they were employees or workers. The complaint for written reasons for dismissal had been withdrawn and was dismissed on that basis.

After reviewing the working arrangements, the tribunal found that the company contracted with the gang as a unit rather than with each claimant individually. It accepted that site management allocated plots, checked quality and monitored health and safety, but found there was no day-to-day control over how or when the bricklayers worked, no obligation on the company to provide further work to the individuals, and no right for the company to require the gang to carry out remedial work. Mr Fowler and Mr Conway used their own hand tools, could turn up late or leave early, negotiated rates with the company, and treated themselves as self-employed on their tax returns.

The tribunal distinguished Mr Agyemang's position from that of Mr Fowler and Mr Conway but still found there was no direct or individual agreement between him and the company to perform work personally. His pay rate was agreed within the gang, and his right to be paid depended on the gang's arrangement and on Mr Fowler and Mr Conway working. On that basis the tribunal held none of the claimants was an employee or worker, so the claims for a statement of main terms and conditions, unfair dismissal, redundancy pay, notice pay, holiday pay and unauthorised deductions all failed and were dismissed. No monetary remedy was awarded.