Mrs A R Corson v M & M Cosmetics Ltd and 1 other — 2025

This was a preliminary hearing at Watford ET via CVP on 2 October 2024 before Employment Judge Beckett sitting alone. The issue was whether Mrs A R Corson had a contract of employment with the respondents. M & M Products Ltd was added as a second respondent with the parties' consent. The judgment records that no contract of employment was signed, but that the parties had been in written and oral discussions about the claimant's role, salary and phased return after Afrocenchix Limited went into liquidation.

The tribunal found that both parties intended the claimant's employment to continue after the sale, although the TUPE transfer did not in fact occur. It accepted that the claimant's own work and skill were required, that she was asked to comment on artwork and products, that Mr Kalla sent work for her to do, and that the respondent dealt with maternity pay, holiday pay, payroll, tax and National Insurance. The tribunal also noted that the respondent used Jaluch HR and Training Ltd when the claimant raised redundancy concerns.

Applying Ready Mixed Concrete, the tribunal concluded on the balance of probabilities that the claimant was an employee of the second respondent. It rejected Mr Kalla's evidence that he understood she was not employed by either respondent, finding that his actions at the time were inconsistent with that account. The judgment was limited to status and did not make any monetary award.