Claimant v Plymouth Hope

Outcome

Facts

The Claimant worked for a charity from October 2021 in youth coordination. The Respondent treated him as self-employed and paid him monthly without deducting tax, despite him completing HMRC starter forms and signing no contract. In February 2024, when the Claimant queried his employment status and tax position after a student loan enquiry, the Respondent told him he was self-employed and responsible for his own tax. Despite repeated requests for meetings and clarification, the Respondent provided no meaningful response. The Claimant raised a formal grievance in March 2024, which the Respondent then paused when ACAS became involved. The Claimant became seriously ill with tuberculosis in April 2024 and resigned in June 2024 citing the lack of response to his grievance.

Decision

The tribunal found the Claimant was an employee, not self-employed, based on the overall working arrangements including fixed monthly salary, job description, performance management, and employer equipment. The Respondent's failure to provide accurate employment status information and its failure to meaningfully engage with the Claimant's concerns or grievance amounted to a fundamental breach of the implied term of trust and confidence, entitling the Claimant to resign and claim constructive unfair dismissal. The claim for notice pay also succeeded.

Practical note

Legal authorities cited