Mr C Wheeler v Swimming Nature Holdings Limited — 2025

This was a preliminary hearing before Employment Judge Davidson. Two issues were determined: the claimant's application to strike out the response (or alternatively for a deposit order), and the claimant's employment status for the purpose of a holiday pay claim of approximately £560. The strike out and deposit order applications were refused on the basis that no disclosure order had been made, contested matters were for the final hearing, and it would be premature to assess the strength of the response without hearing evidence.

On employment status, the tribunal found the claimant was an independent contractor rather than an employee or worker. The claimant had been offered a choice between employment at £20 per hour with benefits including holiday and sick pay, or self-employment at £25 per hour without such benefits, and chose self-employed status knowing he would not receive holiday pay. He signed a Self-Employed Contractor Agreement on 8 September 2023, invoiced monthly under the name 'A-Class Swimming', had a limited right of substitution, and was able to work elsewhere subject to consent.

The tribunal applied the test of looking at the reality of the relationship and the central factors of personal service, control and mutuality of obligation. It found the parties had a genuine intention to enter into a contractor relationship without inequality of bargaining power, and that the manner in which the parties conducted the relationship was consistent with self-employed engagement. Performance scrutiny and a goodwill payment in lieu of the following week's cancelled sessions did not change that status. The holiday pay claim was therefore dismissed.