Mr A Hallsworth v NAM Global Ltd — 2020

This was a preliminary hearing about status, not the substantive merits of the listed claims. The tribunal heard evidence from Mr Hallsworth and Mr Fitzgerald, read documents in the bundle, and considered witness statements from Mr Mansourian, Mr Barter and Mr Logan. It found that Mr Hallsworth had moved from Panic Link to Courier Freight Services in 2001 on oral terms, based on his earlier employed contract, and that when NAM Global Ltd bought the business in 2018 he continued on the same basis.

The tribunal accepted that the working arrangement had the features of employment. Mr Hallsworth worked to a fixed daily rate set by the company, used the company van and equipment, had work allocated to him daily, worked under the company’s control as to routes and hours, took annual leave by permission, and was required to perform the work personally. It rejected the suggestion that he had a genuine right of substitution, and found there was no evidence that he worked for other clients or on his own account.

The tribunal also rejected the respondent’s case that payment for annual leave and bank holidays had been made by mistake. It found that those payments had continued for over a year and were more likely to reflect the original contractual arrangement. It regarded the respondent’s evidence about the absence of any need to reply to Mr Hallsworth’s letters as undermining its account of the relationship.

Applying the authorities it cited, including Ready Mixed Concrete, Carmichael, Pimlico Plumbers and Uber, the tribunal concluded that the practical reality was a straightforward employment relationship. It held that Mr Hallsworth was an employee throughout, was not self-employed, and that if he was an employee for Courier Freight Services he transferred to NAM Global Ltd under TUPE. No monetary award was made because the judgment resolved status only.