Mrs O Mulholland v London technology club Ltd and 1 other — 2025

Employment Judge Forde determined a preliminary hearing on the claimant's employment status and the tribunal's jurisdiction over a management commission fee claim. The tribunal found the claimant was first a worker within the meaning of s.230(3) Employment Rights Act 1996 of the first respondent (London Technology Club Ltd) from July 2021, and thereafter became an employee within s.230(1) ERA 1996 from November 2021. Although she signed a consultancy agreement through her own company in February 2020, the nature of the relationship had evolved. The tribunal also held it had jurisdiction to determine the £42,272 management commission fee claim, finding the commission was properly payable to the claimant as wages under s.27(1) ERA 1996. The judge rejected the respondents' submission that the commission was payable by a separate BVI entity unconnected with the first respondent, finding on the evidence (including a WhatsApp message from Mr Pavitt) that the commission was agreed as part of the claimant's overall remuneration for work done for the first respondent. The substantive claims under ERA, EqA 2010 and MAPL 1999 remain to be determined at a future hearing.