Case 2501981/2023 · Employment Tribunal
Kerri Morgan v R1: Kreative Holdings Limited R2: Kreative Tech Limited R3: Fresh (Darlington) Limited HELD AT: Newcastle — 2025
- Case reference
- 2501981/2023
- Decision date
- 7 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Booth REPRESENTATION
Parties
2 namedClaimant
Kerri Morgan
Key findings
Tribunal's reasoningNeither party attended the hearing on 7 February 2025. The tribunal concluded that the parties had reasonable notice, that no satisfactory reason for non-attendance had been provided, and proceeded in their absence under Rule 47 of the Employment Tribunal Procedure Rules 2024.
The tribunal held that the claimant first had to establish, on the balance of probabilities, that she was an employee or worker of one or more respondents. It found that no documentary or witness evidence had been provided of a contract of employment or other contract, or of the terms on which any work or payments were carried out.
The tribunal concluded that the claimant had not established employee or worker status under section 230 of the Employment Rights Act 1996. The complaints for unauthorised deductions from wages, holiday pay, and failure to provide written employment particulars therefore failed and were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal dismissed the complaint of unauthorised deductions from wages as not well-founded. | Dismissed | — | — |
| Holiday pay | The tribunal dismissed the complaint about failure to pay holiday pay under regulations 14(2) and/or 16(1) of the Working Time Regulations as not well-founded. | Dismissed | — | — |
| Other | The tribunal dismissed the complaint about failure to provide a written statement of employment particulars under section 1 Employment Rights Act 1996 as not well-founded. | Dismissed | — | — |
Legal tests applied
4 references- Rule 47 of the Employment Tribunal Procedure Rules 2024
- balance of probabilities
- Sejpal v Rodericks Dental Ltd [2022] EAT 91
- section 230 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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