Claimant v Purplebricks Group plc — 2020

Mr E Martin began work for Purplebricks Group plc on 1 March 2016 as a Local Property Expert. He was required to set up a company, New Chapter Ltd, and contract through a Licence Agreement with New Broom Ltd, which traded as Purplebricks. The tribunal recorded that he attended compulsory training, used the respondent's 12-step pitch, scripts and standard systems, was provided with equipment, and that the respondent monitored his adverts and client pitch. The respondent did not enter a response and did not attend the telephone hearing on 15 July 2020.

The central issue was whether the claimant was a worker for the purposes of section 230(3) Employment Rights Act 1996, and the tribunal noted that the same definition applied for the Working Time Regulations and the Pensions Act. Applying the authorities it cited, including Uber BV v Aslam, Pimlico Plumbers and Catamaran Cruises v Williams, the tribunal focused on personal service, substitution, control and whether the claimant was in business on his own account. It accepted the claimant's evidence that he was under the respondent's control as to what he did and how he did it, that he was required to give the respondent's prescribed pitch and use its standard materials, that his fees were fixed by the respondent, and that he could not send a substitute except where incapacitated.

The tribunal concluded that the claimant was not in business on his own account and was a worker. On that basis it held that he was entitled to pursue his claims. It upheld the holiday pay claim, finding that no holiday pay had been paid during the period of work, and awarded £18,449. It also upheld the unlawful deduction from wages claim in respect of deductions for complaints and fines, awarding £2,950. Finally, it upheld the claim for pension contributions, recording that the claimant had not been auto-enrolled and awarding £8,885. The final total ordered was £30,284.