Mr Alex Kitchener v Cranleigh School — 2022

The tribunal heard evidence from Mr Alex Kitchener and Mr Richard Saxel about the claimant's work as a visiting music teacher at Cranleigh School. It found that Mr Kitchener signed the 24 April 2009 agreement describing him as self-employed, that he was registered with HMRC as self-employed, filed self-assessment returns, paid his own tax and national insurance, and worked for five other schools at the same time. The tribunal also found that the parents, not the school, contracted with and paid him directly for lessons, while the school provided the premises, a list of pupils, and administrative support. Mr Kitchener paid the school £1 per pupil per term for use of the premises and access to pupils.

Applying the authorities it cited on employment status, including Ready Mixed Concrete, Byrne Bros and Uber, the tribunal examined control, mutuality of obligation, substitution, integration, financial risk and the wording of the agreement. It accepted the respondent's evidence that requirements such as enhanced CRB checks, references, dress standards, reports, timetable coordination and safeguarding arrangements reflected the school context and safeguarding responsibilities rather than employee-type control. It also found the restrictions around substitution were genuine safeguarding conditions and not a sham.

The tribunal concluded that Mr Kitchener was at all times a genuine self-employed music teacher, not an employee within section 230(1) ERA 1996 and not a worker within section 230(3) ERA 1996. On that basis, his unfair dismissal claim, notice pay claim and holiday pay claim were all dismissed. No monetary award was made.