Mr N Benatar v Ream Hills Lake Leisure Park Ltd FINAL HEARING — 2021

The tribunal heard that Mr N Benatar was recruited for the General Manager vacancy at Ream Hills Lake Leisure Park Ltd after a job advert stating the role would be 'self employed'. He was interviewed by Mr Chris Threlfall and Ms Lewin, did two days' trial work, accepted the role in early June 2020, and started work on 22 June 2020. The tribunal found that the parties had formed a contractual relationship when he applied, was interviewed, carried out trial work, accepted the offer, and commenced work.

Although the respondent described the role as self-employed and expected the claimant to deal with his own tax and national insurance, the tribunal held that this did not prevent him being a 'worker' under section 230(3) of the Employment Rights Act 1996. It found that he worked as General Manager on fixed hours and days, in return for agreed consideration including salary, accommodation and other benefits, and that he was part of the respondent's management team rather than an independent contractor providing services to a client or customer.

The claim concerned non-payment of wages for the week commencing 22 June 2020. The tribunal accepted that payment arrangements were discussed on 24 June 2020, that the weekly gross sum due was £499.00, and that the respondent later withheld payment. It rejected the respondent's reasons for non-payment, including dissatisfaction with performance, recruitment expense and the claimant's short notice of termination, as a lawful basis for withholding wages under Part 2 of the 1996 Act.

The tribunal therefore held that the respondent had made an unlawful deduction from wages, or non-payment of wages, within section 13 ERA 1996. It ordered the respondent to pay £480.77 gross, being one week's pay calculated from an annual salary of £25,000 divided by 52.