Mr S Bell v Mr A Brannan Third Claimant - as above Mr R Ramsay Fourth Claimant - as above Mr C Shaw Sixth Claimant - as above Mr C Rafferty Seventh Claimant - as above Core Plant Hire Ltd and 3 others — 2022

The claimants were ground workers engaged by Core Plant Hire Ltd under standard "sub-contractor agreement" paperwork and paid through the CIS scheme. They generally worked 50 hours per week, had no contractual right to send substitutes, worked exclusively for the respondent, and had no separate clients or customers. Although they were sent to sites run by Ross-shire Engineering Services, the tribunal found that the respondent had failed to pay holiday pay throughout their employment and that holiday entitlement had not been set out in the paperwork.

Applying Ready Mixed Concrete, Young and Woods v West and Autoclenz, the tribunal looked at the reality of the relationship rather than the label used in the documents. It held that the claimants were employees or, at least, workers within section 230 ERA 1996, and said that even if that were wrong they fell within section 230(3)(b). The tribunal accepted the lead claimant's evidence as clear and reliable, and found that the arrangement was presented as self-employment even though the claimants were working day to day for the respondent in substance.

On limitation, the tribunal applied the section 111 ERA 1996 "not reasonably practicable" test. It accepted that the claims were out of time, but held it was not reasonably practicable to present them earlier because the claimants did not know they were entitled to paid holiday leave and had been told they had no right to it. The tribunal found that they only became aware of a possible claim after Mr Bell contacted ACAS. It therefore awarded accrued but unpaid holiday pay of £7,000 to Mr S Bell, £7,840 to Mr D Strain, £7,000 to Mr A Brannan, £4,760 to Mr R Ramsay, £7,000 to Mr C Shaw and £7,000 to Mr C Rafferty.