Mr A McGuire v The Trustees of the Mildenhall Social club on behalf of the Members — 2021

Mr Anthony John McGuire said he had been employed by the respondent social club as Director of Facilities from 1 July 2018 to 31 July 2019 and sought notice pay, holiday pay and other sums. The respondent was an unincorporated association governed by a constitution. The tribunal found the relevant constitution was the 2016 version, including clause 13(9), which stated that no officer of salary profit may be held by any member of the management committee.

The claimant accepted that the club was an unincorporated association and, after reading the constitution, accepted that the trustees could not appoint him in accordance with it. The tribunal found that the 2 July 2018 contract of employment, signed by the claimant and Mrs C McShane, was not authorised by the management committee or executive committee, and that Mrs McShane had neither express nor implied authority to bind the respondent. The judge also found there was no cogent evidence that the claimant acted dishonestly, and that his salary payments were regularly disclosed in the club accounts.

Applying the principles discussed from Chitty on Contract and the requirement that a contract be entered into with the express or implied consent of the parties on behalf of an unincorporated association, the tribunal held that the claimant was not an employee or worker of the respondent. The contract was also said to be defective because it did not identify the employer as required by s.1(3) ERA 1996. On that basis the tribunal held it had no jurisdiction to hear the complaints of notice pay, holiday pay and other sums, and dismissed the claims.