Claimant v JBP Foods Ltd
Outcome
Individual claims
The tribunal determined at this preliminary hearing that the claimant was an employee for the purposes of s.230 ERA 1996, and therefore has jurisdiction to hear the unfair dismissal claim. The merits have not yet been determined and will be heard at a final hearing in October 2025.
The tribunal determined that the claimant was an employee/worker, giving him entitlement to holiday pay claims. The substantive claim will be heard at the final hearing in October 2025.
Facts
The claimant worked as a sales representative for the respondent from July 2020 to February 2024. He was told at interview he would be self-employed and paid by commission. The respondent provided him with a company car, tablet, scanner and catalogue. He was given customers, assigned geographic areas to visit, and his movements were monitored by GPS. When he attempted to assert autonomy on the basis of his self-employed status in late 2022, he was threatened with dismissal by the director. The tribunal had to determine his employment status to establish jurisdiction.
Decision
The tribunal found that despite the label of 'self-employed', the reality of the working relationship was that the claimant was an employee. The respondent exercised significant control over when, where and how he worked, provided the tools of the trade, and when the claimant tried to assert the autonomy of self-employment, was threatened with dismissal. The claims of unfair dismissal and holiday pay can therefore proceed to a full merits hearing.
Practical note
A worker cannot be denied employment rights simply by being labelled 'self-employed' - tribunals will look at the reality of control, personal service obligations, and what happens when a worker attempts to exercise the autonomy that genuine self-employment should provide.
Legal authorities cited
Statutes
Case details
- Case number
- 6006524/2024
- Decision date
- 29 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- JBP Foods Ltd
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- sales representative
- Service
- 4 years
Claimant representation
- Represented
- No