Ms I Brown - Counsel v Ms K Milnsbridge – Financial controller — 2024

The tribunal held that both Mr Samways and Mr Morgan were workers, not self-employed. It found that the respondent controlled the hours, place of work, breaks, uniform and duties; shifts were offered on an app; and once a shift was accepted, personal service was expected. In reaching that conclusion, the tribunal referred to Byrne Brothers (Formwork) Ltd v Baird and gave little weight to the respondent's labels, including the use of PAYE and references to sole trader status, which it treated as tax-driven rather than determinative of legal status.

On that basis, both claimants succeeded on holiday pay and unauthorised deductions from wages. The tribunal accepted the holiday pay calculations and awarded Mr Morgan £1,917.72 and Mr Samways £2,791.20. It also found deductions for accountancy fees, client deductions and administration were unauthorised, noting there was no document authorising deductions and rejecting the respondent's late point about advances because it had not been put in evidence and was unsupported by documents. It awarded Mr Morgan £2,159.06 and Mr Samways £1,624.93.

The tribunal further found that the respondent had failed to provide written particulars of employment as required by s.1 Employment Rights Act 1996. Applying s.38 Employment Act 2002, it awarded four weeks' pay to each claimant because there had been a total failure to provide compliant paperwork: £1,453.08 to Mr Morgan and £1,075.68 to Mr Samways. The tribunal also recorded an uncontested costs application relating to the abortive hearing on 19 October 2023 and ordered the respondent to pay £4,580.70. The total award recorded by the judgment is £15,602.37.