Ms Macey, counsel For both v Mr. Y. Krumov, company director and in person — 2018

The claimant answered a June 2018 advert that named Linkdel Ltd and offered parcel-delivery work on a self-employment basis. The tribunal found that Mr Krumov was acting for Linkdel Ltd as a disclosed principal, so the contract was made with the second respondent and the claim against Mr Krumov personally was dismissed.

Although the advert described the work as self-employment, the tribunal held that the parties' actual conduct during 7 to 29 June 2018 showed mutuality of obligation, personal service and control. The claimant attended daily, followed instructions from Vladimir and Mr Krumov, helped load and deliver parcels, and was integrated into Linkdel's delivery operation. On that basis, the tribunal found that the claimant was both a worker and an employee of Linkdel Ltd for that period.

The tribunal held that the claimant was entitled to be paid for the period of his employment and entitled to a written statement of employment particulars. It rejected the unfair dismissal complaint because the claimant did not have two years' service. The judgment did not quantify any arrears or final remedy and indicated that a further hearing would follow unless the parties resolved matters.