Mr Andrew Hamilton v , Solicitor Morningside Masonic Association and others — 2019

At the preliminary hearing on employment status, Mr Andrew Hamilton said he had been unfairly dismissed and was owed arrears of salary, holiday pay and notice pay. The respondents said he was a volunteer and had never been an employee or worker. The tribunal therefore heard evidence only on status and related factual issues.

The tribunal found that Mr Hamilton had been Treasurer of the Morningside Masonic Association from about 2000 and also acted as Property Manager and premises manager. It accepted that he had received an honorarium of £250 in most years for his treasurer role, described as covering expenses, but found that the committee understood his work to be voluntary and were unaware of any monthly wage payments. The tribunal relied on the annual accounts, which it said were inconsistent with a payment of £500 per month, and rejected Mr Hamilton's explanation of how those figures could still be correct.

The tribunal also found that the versions of the minutes produced by Mr Hamilton for meetings on 15 May 2006 and 15 February 2010 had been altered, and accepted the respondents' versions as accurate. It did not make a finding that he had deliberately altered the documents, but it concluded on the balance of probabilities that the respondents' copies were the correct ones. It found Mr Hamilton not to be a credible or reliable witness, and preferred the evidence of the respondents' witnesses.

On those findings, the tribunal held that there had been no agreement between the parties and therefore no contract of employment. It also held that Mr Hamilton had not established that he was a worker providing services to the respondents. As he was neither an employee nor a worker, the case failed and the claim was dismissed.