Miss Ruth Gotts v Peter Oag — 2023

Miss Gotts said she worked for Mr Oag feeding cattle at Brims Farm from November 2021 until 28 June 2022 at £10 per hour. The tribunal found that the arrangement was limited to feeding the cattle morning and evening, that she was free to arrange a substitute if she could not attend, and that she could do the work how she wished. It also found that she later produced an invoice for £7,750 based on 775 hours, while Mr Oag later sent her a cheque for £2,773.20 marked as full and final payment, which she cashed.

On the breach of contract claim, the tribunal held that the claim had been presented out of time. It found that it was reasonably practicable for the claimant to have brought proceedings within the three-month time limit after the engagement ended on 28 June 2022, and that her delay in sending an invoice did not make it not reasonably practicable to present the claim earlier. The tribunal did not express a view on what sum, if any, would have been due in the Sheriff Court.

On the unlawful deduction of wages claim, the tribunal held that the claimant was not a worker within section 230(3) of the Employment Rights Act 1996. It relied on the absence of an obligation of personal service, the claimant's ability to send a substitute, and the lack of the level of control associated with employment. On that basis the tribunal held that it had no jurisdiction under section 13 and section 23 of the 1996 Act and dismissed the claim.