Tinnion Ms. Niamh Graham v 15 Mrs. Lizanne Cuthbertson — 2022

The tribunal determined, as a preliminary issue, that Ms Niamh Graham was an employee of Mrs Lizanne Cuthbertson and not a self-employed contractor. It found that the employment relationship ran from 26 February 2018, when the formal apprenticeship began, until 20 April 2021, when the employment terminated. On that basis, the tribunal held it had jurisdiction to hear the complaints of unfair dismissal, breach of contract, annual leave pay arrears and unlawful deduction from wages, but it did not decide the merits of those claims or make any award at this stage.

In reaching that conclusion, the tribunal accepted that Mrs Cuthbertson exercised significant control over Ms Graham's work, that there was clear mutuality of obligation, and that Ms Graham was required to perform the work personally with no substitution right. It found that she worked fixed days and hours, was paid weekly, worked at the Yard, used mainly Mrs Cuthbertson's equipment, was paid sick leave, and bore no personal financial risk or share of profit in the non-profit stabling enterprise.

The tribunal gave little weight to the April 2019 written contract describing Ms Graham as self-employed. It noted that the contract was internally inconsistent because it also described her as an employee and contained terms more consistent with employment, including fixed hours, gross misconduct dismissal and obligations about sickness, fitness and insurance. The tribunal also treated the Facebook description of Ms Graham as Yard Manager and her apprenticeship status as supportive of employee status, and it ordered a further private preliminary hearing to move the case towards a final merits hearing.