Mr G Fuller v Lancashire County Council — 2021

The claimant worked as a Casual Residential Child Care Worker. The respondent accepted he was a limb (b) worker, but denied that he was an employee. The tribunal found that personal service and a sufficient degree of control were present, given the nature of the care home work, safeguarding requirements, training, supervision and the absence of a right of substitution.

The tribunal found that the necessary mutuality of obligation for a contract of employment was absent. The offer of appointment stated that casual work was ad hoc, with no obligation on the respondent to provide work or on the claimant to accept work, and the tribunal found that this reflected the reality of the arrangement. The claimant was paid only for hours actually worked, had variable hours, could work elsewhere, and was not entitled to sick pay or holiday pay in the same way as employees.

During an investigation into allegations concerning the claimant's conduct, the respondent ceased offering him casual shifts between 21 July 2020 and 14 June 2021. The tribunal found that he was not contractually entitled to pay during that period unless work had been offered and accepted, and there was no express or implied term entitling him to average pay during the period when his services were not used. The unlawful deduction from wages claim therefore failed and was dismissed.