Ms M Randall v Miss B Gurney and 2 others — 2021

Ms Randall presented claims for ordinary unfair dismissal, age discrimination, redundancy payment, notice pay, holiday pay, arrears of pay, other payments, unlawful deduction from wages, and failure to provide itemised payslips. The preliminary issue was whether she was an employee or worker of Miss Gurney, Merali's Limited, or Fordover Services Limited. Employment Judge A.M.S. Green held on 23 June 2021 that the tribunal had no jurisdiction because she was neither an employee nor a worker.

The tribunal found that Ms Randall had cleaned the common parts of Scottish Provident House from late 1990 until 15 April 2020 under a verbal arrangement at £55 per week, rising to £55.70 from 2010. Miss Gurney paid her from Miss Gurney's own salary, and no tax, national insurance or P60s were issued. The tribunal accepted that Miss Gurney's later letters about cleaning standards were reminders about the quality of the work rather than disciplinary control.

The decisive factors were that Ms Randall could and did arrange substitutes when she returned to Colombia, the substitutes were paid for the work, and Miss Gurney did not have to approve them in advance. The tribunal also found no day-to-day control, no performance management, no mutuality of obligation and no meaningful integration into FSP's organisation; Merali's Limited was dormant and had no role in the arrangement. Applying section 230 ERA 1996 and the authorities cited, including Ready Mixed Concrete, Byrne Brothers, Carmichael, White v Troutbeck, Pimlico Plumbers, Autoclenz and Uber, the tribunal held that Ms Randall was truly self-employed, with Miss Gurney acting as the customer, so all claims failed for want of jurisdiction.