Mr M Nowotnik v Cedar Construction Services Limited — 2025

The Tribunal determined a public preliminary issue about status. The claimant did not contend that he was an employee, but argued that he was a limb (b) worker during the relevant period from July 2023 to April 2024.

The Tribunal found that there was a contract between the parties when the claimant accepted paid work and the respondent paid him for that work. It found no employment mutuality of obligation because the respondent was not obliged to offer work and the claimant was not obliged to accept it.

The Tribunal concluded that the claimant was not carrying on a business undertaking with the respondent as a client or customer. It found no evidence of a wider business or active marketing of services, and concluded that the claimant was integrated into the respondent's business as far as the respondent's model allowed. The claimant was therefore a worker under section 230(3)(b) of the Employment Rights Act 1996.