Mr S M Zikri v 1) Fine & Country Richmond Ltd 2) The Agency Group – TAG Ltd — 2025

This was a reserved judgment of Employment Judge Tsamados (sitting alone) following a two-day hearing at London South (Croydon) by Cloud Video Platform on 3 and 4 February 2025. The single issue actually determined was the Claimant's employment status in relation to the two Respondent companies, of which Mr Sean Barrett is a director. The Claimant had brought complaints of unfair (constructive) dismissal, wrongful dismissal/notice pay, unauthorised deductions from wages, entitlement to annual leave, and failure to provide written particulars of employment; the Respondents contended he was an independent contractor.

Applying the test in section 230 of the Employment Rights Act 1996 and the relevant case law, including the test in Windle, the Judge concluded that the Claimant did not satisfy the test of employment. While business cards, branded clothing, email accounts and use of titles such as 'director' and 'partner' were provided, the Judge took the view these reflected outward branding rather than internal employment status. There was no obligation to take on particular work, and regulatory oversight of conduct was consistent with self-employment as well as employee status. The Judge therefore found the Tribunal had no jurisdiction to determine the unfair dismissal or wrongful dismissal complaints, and those complaints were dismissed.

However, the Judge was satisfied that the relationship met the worker definition in section 230: there was an implied contract under which the Claimant worked personally for both Respondents, he was integrated into the Respondents' business and was not marketing his services to the world in general. On that basis the Tribunal has jurisdiction over the complaints of unauthorised deductions from wages, annual leave entitlement and failure to provide written particulars (the latter being upheld in principle, with the Respondent not having provided particulars under sections 1 and 4 ERA 1996 as at the date of claim). Liability and, if appropriate, remedy for those remaining complaints were adjourned, with the parties invited to seek to resolve matters by 30 June 2025 failing which a further half-day hearing would be listed.