Mrs J Telima-Adolphus v JPS Ltd t/a Professional Health — 2019

The claimant, Mrs Johneba Telima-Adolphus, worked for JPS1 Ltd t/a 247 Professional Health from 19 July 2018 as a part-time carer. The first respondent did not enter appearance. The second respondent, the Secretary of State for Business, filed a written response disputing the claimant's status but did not attend the hearing. The tribunal heard only from the claimant and accepted her evidence.

The tribunal found that the written document headed "Contract for Services" did not reflect the reality of the relationship. The claimant wore a staff uniform, used the respondent's equipment, was sent to clients including care homes, and was controlled by her manager. She was paid through payroll with tax, national insurance and pension deductions, and the tribunal held that she was both a worker and an employee. It relied on the approach in Ready Mixed Concrete, Autoclenz, and Pimlico Plumbers, and concluded that there was mutuality of obligation and control.

On that basis, the tribunal held that the first respondent had made unlawful deductions from wages in respect of unpaid pay and holiday pay, and it awarded £499.45. It also found that the claimant had accrued 3.5 days' unused holiday at termination on 24 December 2018, after being told the respondent was going into liquidation, and that the amounts claimed were due to her by the first respondent.

The tribunal further found that the claimant did not receive statutory notice of termination. It held that the failure to give one week's notice was a breach of contract and awarded £172.26. The tribunal did not at that stage make judgment against the second respondent, saying the claimant could apply again if the sums were not paid and the second respondent then wished to make further submissions.