Mrs J Luck v R1: New Code Partnership Limited R2: Mr M Dev — 2024

The claimant brought complaints of constructive unfair dismissal, breach of contract for notice pay, unauthorised deduction from wages and outstanding holiday pay against New Code Partnership Limited and Mr M Dev. The complaints against the second respondent were dismissed on withdrawal. The central issue was whether the claimant was an employee or worker of New Code following a purported TUPE transfer in February 2017 from a predecessor company.

The Tribunal found that the claimant had not performed any work since before 2008, when her relationship with her former husband (a co-founder of the original company) broke down. The Tribunal found that the reality of the post-2008 arrangement was a domestic maintenance agreement paid through the company rather than an employment or worker relationship, with no mutuality of obligation. The claimant accepted under cross-examination that her CV listing administrative duties until 2023 did not reflect work actually performed.

Applying the statutory definitions in s.230 ERA 1996 and relevant case law on worker status, the Tribunal concluded the claimant was neither an employee nor a worker of Marking or New Code. Consequently, the unfair dismissal and breach of contract claims were not well founded; there were no wages properly payable, so no unauthorised deduction occurred; and there was no entitlement to paid annual leave. All remaining complaints failed.