Mr Chris Townsend v Bikeworks CIC — 2020

At an open preliminary hearing on 9 October 2020, Employment Judge Barrowclough decided whether Mr Chris Townsend was an employee or worker of Bikeworks CIC for the purposes of his ET1 complaints, which included unfair dismissal, unlawful deductions from wages, holiday pay and breach of contract. The tribunal found that the 2019 working relationship resumed on the basis of the 2016 self-employment document and a June 2019 email exchange, and it accepted Mr Blakemore's evidence where it conflicted with the claimant's account.

The tribunal held that there was no mutuality of obligation sufficient to create a contract of employment. Bikeworks did not have to provide work, Mr Townsend did not have to accept offered sessions, and he could refuse or cancel work without penalty. The tribunal also relied on the fact that he was paid gross on the basis of invoices for sessions actually worked, could work for other cycle providers, and had a contractual ability to send a substitute instructor.

On control, the tribunal accepted that Bikeworks fixed the customer, location, time and duration of booked sessions, but found that the actual instruction given during sessions was left to Mr Townsend's own skill and judgment. It treated matters such as customer contact details, public liability cover, CPD attendance, feedback and use of a grievance process as neutral or practical features, not indicators of employee status. The tribunal found that the remaining terms, including the absence of salary, holiday pay and sick pay, pointed away from employment.

The tribunal concluded that Mr Townsend was a self-employed independent contractor and did not qualify as a worker under s.230(3) ERA 1996. As a result, all of his complaints were struck out and the claim was dismissed.