Case 4102098/2022 · Employment Tribunal
Mr S Walker v Represented by Mr P Harthan Advocate Secretary of State for Business, Energy &15 Industrial Strategy — 2022
- Case reference
- 4102098/2022
- Decision date
- 5 July 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sangster
Parties
2 namedClaimant
Mr S Walker
Key findings
Tribunal's reasoningMr S Walker sought a redundancy payment, holiday pay and arrears of pay from the National Insurance Fund under sections 166 and 182 of the Employment Rights Act 1996. The Tribunal heard evidence only from Mr Walker. It found that Apex Access & Inspection Limited had been incorporated in August 2013, that he was its sole director and 100% shareholder, and that there had been no express contract of employment. His small monthly PAYE payments were set by his accountant to use up personal allowances, while the bulk of his income came from loans converted into dividends at year end.
Applying the authorities it cited, including Ready Mixed Concrete, Hall v Lorimer, Lee v Lee's Air Farming and Neufeld, the Tribunal concluded that the parties' conduct did not point convincingly to a true contract of employment. It held that the reality of the relationship from August 2013 onwards was that Mr Walker was not an employee within section 230(1) ERA 1996, and that there was no evidence of any later change to that position. On that basis the Tribunal held that it had no jurisdiction to consider the section 166 and section 182 complaints, and it dismissed them.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Dismissed because the Tribunal held it had no jurisdiction: Mr Walker was found not to be an employee within section 230 ERA 1996. | Dismissed | — | — |
| Holiday pay | Dismissed for lack of jurisdiction on the same employee-status finding under sections 166 and 182 ERA 1996. | Dismissed | — | — |
| Other | Arrears of pay sought from the National Insurance Fund under section 182 ERA 1996; dismissed because the Tribunal found Mr Walker was not an employee and so lacked jurisdiction. | Dismissed | — | — |
Legal tests applied
4 references- Ready Mixed Concrete
- Hall v Lorimer
- Lee v Lee's Air Farming
- Secretary of State for Business, Enterprise & Regulatory Reform v Neufeld & another
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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