Mr Desmond Wilmott v Secretary of State for Business & Trade — 2024

The claimant was the sole director and 99.8% shareholder of JJADS W Limited, which entered creditors' voluntary liquidation on 13 October 2022. He claimed payments from the Insolvency Service on the basis that he had been an employee of the company. The Insolvency Service rejected the claim on 8 February 2023, and the claimant presented tribunal claims on 20 November 2023 for redundancy payment, unpaid holiday pay, arrears of pay and notice pay.

The tribunal dismissed the holiday pay, arrears of pay and notice pay claims for want of jurisdiction. It accepted that the claimant had been confused and had corresponded with the Employment Appeal Tribunal, but found that the 8 February 2023 letter clearly identified the Employment Tribunal as the correct forum and that it was reasonably practicable for him to present the claims within three months. The tribunal also found that, even if it had not been reasonably practicable, the further delay after he was told on 2 October 2023 to use the Employment Tribunal was not reasonable.

On the redundancy payment claim, the tribunal considered whether the claimant was an employee of the company. Although there was a written employment contract, payslips and P60 documentation, the tribunal found that the claimant's work did not materially change after the contract was signed, that he retained control over his work and pay, and that the franchise performance meetings related to the company's franchise obligations rather than control by the company as employer. It concluded that the claimant was not an employee within s.230(1) and (2) ERA 1996, so the redundancy payment claim was dismissed.