Kirill Kuznetsov v Victoria Gazibar and 2 others — 2023

The tribunal determined at a public preliminary hearing whether the claimant was an employee or worker of either respondent, and whether any claims should be struck out. The claimant alleged that he worked as a Managing Partner or Business Manager and claimed arrears of pay, unpaid wages and commission. The respondents denied that he had been employed or engaged as a worker.

The tribunal found that at no material time was the claimant an employee under section 230(1) of the Employment Rights Act 1996, nor a worker under section 230(3). It preferred the respondents' evidence where there was a conflict, found no evidence of mutuality of obligation or an obligation to perform work personally, and concluded that no professional contractual relationship existed.

Because employee or worker status was not established, the claims for arrears of pay, unpaid wages and commission did not have reasonable prospects of success under Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024. As those were the only remaining heads of claim, the claim was struck out.