Mrs. D McConnell v Skoolz Out Ltd — 2021

Mrs D McConnell worked for Skoolz Out Ltd as Accounts Manager/Director from 28 April 2010 until the business ceased trading and her employment ended on 16 July 2021. The tribunal accepted that she had an oral agreement for 28 days' paid holiday, worked on average 25 hours per week on an as-required basis, and received weekly gross pay of £431.94. It found that she was a worker for Working Time Regulations purposes because she performed her services personally, was an integral part of the business, and there was sufficient control and mutual obligation in the relationship.

On that basis, the holiday pay claim succeeded. The tribunal found that from the holiday year beginning 15 August 2020 to termination she had taken two days' leave, leaving 23.8 days outstanding. Using a daily rate of £86.39, it calculated holiday pay due at £2,056.08 gross and ordered that sum to be paid, subject to deductions of tax and national insurance where applicable.

The claims for 11 weeks' pay in lieu of notice and statutory redundancy payment failed. The tribunal held that those claims required employee status, and it found that the claimant was not an employee. In reaching that conclusion it relied on her substantial autonomy, her status as a director and shareholder, the absence of a written contract or contractual notice and redundancy terms, and the fact that she was the sole director when the business ceased trading. Those claims were dismissed for want of jurisdiction.