Mr S Auld v The Numbers Group — 2019

The tribunal held that both claimants were engaged by CAD Leisure Ltd, not The Numbers Group LLP, which it found was dormant and used only as a trading name. It also noted that there was insufficient evidence to find a TUPE transfer to TNG 103 Ltd. The second claimant was found to have been a worker, and in the tribunal's terms an employee or worker of the second respondent, from 22 December 2018 to 28 March 2019 because she was required to provide personal service and had no right to send a substitute.

On the merits, the first claimant's case was treated as straightforward. He worked as head chef from 2 January 2019 to 28 March 2019 on an agreed salary of £25,000 per year. After deducting payments already made, the tribunal found £2,446.56 remained due and ordered payment of £2,447 as unlawfully deducted wages under section 13 ERA 1996.

The second claimant had agreed a salary of £49,400 per year as area manager for the hotels. The tribunal accepted her evidence that she was held out as working for The Numbers Group, but found the salary relationship was with CAD Leisure Ltd. It calculated unpaid salary of £6,125.02 after taking account of payments already received, and ordered £6,125 as unlawfully deducted wages under section 13 ERA 1996. The judgment also records that the claimants would account to HMRC for any unpaid tax and National Insurance as appropriate.