Mr N M Fryers v East Coast Creels Limited — 2021

The case was determined on the papers, with neither party attending, before Employment Judge Blackwell sitting alone. The tribunal first addressed status and contract formation. It accepted that there was sufficient mutuality of obligation on the evidence that Mr Fryers had worked for about 862 hours at the national minimum wage of £8.21 over roughly six months, which was enough to establish employee status for the purposes of the Employment Rights Act 1996. The tribunal also accepted that there was sufficient control, and it rejected the respondent's submission that the contract had been frustrated.

On frustration, the tribunal found that the revocation of the claimant's temporary release licence followed the respondent's own contact with the prison after the claimant had asked whether his solicitor could visit the site. For that reason, the respondent could not rely on frustration because the event it relied on was brought about by its own act. The tribunal therefore concluded that there had been a contract of employment which ended when the temporary licence was withdrawn.

The unfair dismissal claim was dismissed because the claimant did not have sufficient continuity of employment to bring such a claim, so the tribunal held that it had no jurisdiction under s.108 ERA 1996. The wrongful dismissal claim succeeded because the respondent's only defences, that there was no employment contract and alternatively that the contract had been frustrated, both failed. The tribunal awarded £336.61 for notice pay.

The holiday pay claim also succeeded. The tribunal treated the issue as holiday pay due on termination under Regulation 14 of the Working Time Regulations 1998 and accepted the respondent's concession that £855.19 was owed for holiday not taken during the period of employment. The total sum ordered to be paid to the claimant was £1,191.80.