Mr C Brodie v Hermes Parcelnet Limited and 2 others — 2019

This reserved judgment concerned a preliminary issue: whether the claimant was an employee of Arctics Limited, trading as Igloo, for the purposes of TUPE and claims dependent on employee status. The Tribunal did not determine the substantive unfair dismissal, wrongful dismissal, breach of contract, or transfer issues at this hearing.

The Tribunal found that the claimant had signed a written contract of employment in 2005, later became a director and shareholder, and was remunerated partly through a reduced salary and substantial dividends. It found that the later remuneration arrangement did not prevent employee status, and treated the claimant's seniority and autonomy as consistent with his role rather than inconsistent with employment.

The Tribunal found that the claimant provided personal service, that mutuality of obligation existed, and that he was integrated into Igloo's organisation and answerable to its Board. It concluded that he was not independent, self-employed, or in business on his own account, and therefore was an employee entitled to TUPE protection and able to bring claims dependent on employee status. The respondents' fragmentation argument was expressly left for a future hearing.