Robert Dominic Edmund Gooch v British Free Range Egg Producers Association (“BFREPA”) and 2 others — 2025

This was a preliminary hearing about employment status and time limits. The claimant, Robert Dominic Edmund Gooch, had worked for BFREPA from 1 November 2011 under documents labelled contracts for services, first as Policy Director and later in a chief executive services role. The tribunal admitted part of a covertly recorded 15 February 2023 meeting and treated it as relevant evidence on the nature of the relationship.

Applying the authorities it identified, including Autoclenz and Ready Mixed Concrete, the tribunal found mutuality of obligation, personal service and a sufficient degree of control. It held that the wording about arranging cover for short absences was not a general substitution clause, and relied on the fixed monthly fee, the long continuous engagement, the restrictions on other work, the absence of real economic risk or profit, and the role of the Council and AGM in setting objectives and approving key decisions. The tribunal concluded that the reality of the relationship was one of employer and employee, so the claimant worked under a contract of service rather than a contract for services.

On limitation, the respondents conceded in closing that the claim against the first respondent was in time, and the tribunal agreed. It found that the last day of work was 26 April 2024 and that, taking ACAS early conciliation into account, the claim lodged on 2 September 2024 was within the statutory period. The tribunal dealt with the second respondent issue by substituting the name of the first respondent to that of the second respondent by case management order. This preliminary judgment did not determine the merits of the unfair dismissal, wages, holiday pay, wrongful dismissal or breach of contract complaints.