Case 6029844/2025 · Employment Tribunal
Respondents: Mrs S R Albieri v (1) Mr James Brewer (2) Ms Sadhana Halder v Mrs S R Albieri v and 2 others — 2026
- Case reference
- 6029844/2025
- Decision date
- 28 January 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks-Bowyer Appearances
Parties
4 namedClaimant
Respondents: Mrs S R Albieri v (1) Mr James Brewer (2) Ms Sadhana Halder
Key findings
Tribunal's reasoningThe claimant, a nanny, brought a claim for accrued and unpaid holiday pay against the respondents, the parents who had engaged her. The parties had met through the Koru Kids app but agreed to contract directly, with no written contract. They agreed she would work two fixed days per week at £17 per hour, with the respondents paying £330 in cash each week. Both parties understood and described the claimant as self-employed; she registered as self-employed with HMRC and declared the income as self-employed receipts.
Employment Judge Fredericks-Bowyer found that there was no irreducible minimum of obligation in the relationship, that the claimant retained significant control over how the services were provided, and that she worked for at least one other long-term family and other families on an ad-hoc basis. Applying authorities including Clyde & Co LLP v Bates van Winkelhof [2014] UKSC 32 and Cotswold Developments Construction Ltd v Williams [2006] IRLR 181, the judge concluded that the respondents were clients or customers of the claimant's nanny business rather than her employer, and that she was neither an employee nor a worker.
Because the claimant was self-employed, the Tribunal had no jurisdiction over the holiday pay claim and it was dismissed. The judge noted that any contractual entitlement to holiday pay would need to be pursued in the County Court, and deliberately made no findings on the precise terms of the engagement so as not to bind that court.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim for accrued and unpaid holiday pay under the Working Time Regulations. Tribunal found the claimant was neither an employee nor a worker of the respondents but was self-employed, and so had no standing to bring the claim. Claim dismissed for want of jurisdiction. | Dismissed | — | — |
Legal tests applied
2 references- Clyde & Co LLP and another v Bates van Winkelhof [2014] UKSC 32
- Cotswold Developments Construction Ltd v Williams [2006] IRLR 181
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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