Claimant v Blair Ecosse Management Ltd
Outcome
Individual claims
The tribunal found the claimant was a worker under s.230(3)(b) ERA and had worked 168.25 hours in September/October 2024 at £13 per hour. The tribunal preferred the claimant's evidence, supported by signed timesheets, and found the respondent's evidence speculative and without foundation. The claimant had not been paid for these hours.
Facts
The claimant worked as a kitchen porter and general assistant for the respondent's hotel from July to October 2024. He was engaged by the respondent's manager (his then-partner), worked shifts as directed by rotas, and was paid £13 per hour gross. He submitted signed weekly timesheets and invoices. No written contract was provided and the respondent considered him self-employed. The claimant was paid in full for July and August but not for 168.25 hours worked in September/October 2024.
Decision
The tribunal found the claimant was a worker under s.230(3)(b) ERA, not self-employed, as he had no right of substitution, took no commercial risk, and the respondent was not his client or customer. The tribunal accepted the claimant's evidence on hours worked, finding the respondent's contrary evidence speculative. The respondent was ordered to pay £2,187.25 for unpaid wages.
Practical note
A contractual label of 'self-employed' and payment without tax deductions does not determine employment status; tribunals must apply the statutory test using robust common sense, focusing on the reality of the working relationship.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8000520/2025
- Decision date
- 26 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Kitchen Porter / General Assistant
- Service
- 2 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor