E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001971/2024 (V)5 Held on May 2025 Employment Judge J M Hendry Mr C Milne v WBC Media CIC — 2025

The tribunal recorded at the outset that the claim for unfair dismissal was dismissed and that the remaining claims were to proceed to a final hearing. The issue before it was whether Mr Milne had worker status for the purposes of the Employment Rights Act 1996 and the Equality Act 2010, following the respondent's contention that he was a self-employed contractor rather than an employee or worker.

The evidence accepted by the tribunal was that Mr Milne was approached because of his local radio expertise, initially offered work at £40 per day and then at £50 per day for 5 hours and 20 hours per week, and invoiced the company in his own name. He worked on advertisements, clocks setup and other radio work, sometimes at the station and sometimes from home, could work flexibly around his own business and childcare, and arranged holidays after consulting management. He was not subject to the staff disciplinary policy and was responsible for his own tax and national insurance.

The tribunal found that there was a contractual relationship and that he undertook to perform the work personally. It accepted that there was no substitution, that he had been engaged for his radio expertise rather than because of his separate business, and that the occasional branded T-shirt worn at an outside broadcast carried no weight. Applying the statutory worker definitions and referring to Bates Van Winkelhof and Westwood, the tribunal concluded that Mr Milne was a worker during the period May 2024 to August 2024.