Claimant v Lakeland Artisan Ltd (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the claimant was not an employee within the meaning of section 230 of the Employment Rights Act 1996. Without employment status, the claimant had no entitlement to statutory redundancy pay under section 166 ERA 1996.
The tribunal determined the claimant was not an employee as defined by section 230 ERA 1996. As employment status is a prerequisite for holiday pay claims under section 182 ERA 1996, the claim failed.
The tribunal concluded the claimant was not an employee under section 230 ERA 1996. Without employee status, claims for unpaid wages under section 182 ERA 1996 cannot succeed, as these statutory protections only apply to employees.
Facts
The claimant worked for Lakeland Artisan Ltd, which subsequently entered creditors voluntary liquidation. He brought claims for redundancy pay, holiday pay, and unpaid wages against the insolvent company and the Secretary of State. The first respondent did not attend the hearing. The central issue was whether the claimant had employee status under the Employment Rights Act 1996.
Decision
The tribunal determined that the claimant was not an employee within the meaning of section 230 ERA 1996. Consequently, all three claims - for redundancy pay, holiday pay, and unpaid wages - failed and were dismissed, as these statutory rights only apply to employees.
Practical note
Employment status is a threshold issue that must be established before any statutory employment rights can be enforced; without employee status under section 230 ERA 1996, claims for redundancy, holiday pay, and unpaid wages cannot succeed.
Legal authorities cited
Statutes
Case details
- Case number
- 6000688/2025
- Decision date
- 26 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No