: J S Anderson J Haria Miss I Leckie v Shakebar Limited — 2025

The claimants originally presented combined claims including sex discrimination, equal pay and national minimum wage, but by agreement at the case management preliminary hearing on 23 October 2024 only the minimum wage complaint proceeded. The respondent argued that the claimants were contractors, not workers. The tribunal instead found that they had entered into and worked under a verbal contract for the Glastonbury Festival from 26 to 30 June 2024, based on the information passed through Anna, and that they performed the work personally for the respondent.

In deciding worker status, the tribunal relied on the respondent asking Anna to find people for the festival work, the claimants being told they would work around 35 hours for £500 plus a festival entry ticket, and the tribunal's acceptance of the claimants' evidence that they were students and not working or seeking work elsewhere. It found that the respondent was not their client or customer and noted the degree of control exercised on site: the claimants were assigned to one van, trained by Jake, supervised throughout the five-day period, and required to work the agreed festival dates and start time. The tribunal cited the statutory worker definitions in section 230(3) ERA 1996 and section 54(3) NMWA 1998, together with Uber BV and ors v Aslam and ors.

On hours worked, the tribunal accepted that no hours were recorded by the respondent and rejected the respondent's evidence that it felt the claimants had only worked 35 hours. It found, on the basis of the claimants' consistent evidence, that each claimant worked 45 hours in total, taking account of a late start on one day and short breaks during quieter periods. It also accepted that Jake told them on the third day that they could stop working and not receive any payment, and that the amount paid would depend on how hard Mr Ertekin thought they had worked, but found that this basis of payment had not been properly communicated to the claimants.

The tribunal upheld the minimum wage claim and calculated the awards by reference to 45 hours at £11.44 per hour. The first claimant was awarded £314.80 gross after deduction of £200 already paid, and the second claimant was awarded £264.80 gross after deduction of £250 already paid. The order allowed deduction of income tax and employee national insurance contributions if required by law, with payment of the balance to satisfy the judgment.