Claimant v Adam Feeney
Outcome
Individual claims
The tribunal found the claimant was an independent contractor, not an employee or worker. There was no requirement for personal service, no mutuality of obligation, and no control exercised. The claimant was free to come and go, take time off, and send substitutes. As such, the tribunal had no jurisdiction to hear the claim.
The claim for failure to provide itemised pay slips under s.8 ERA 1996 failed because the claimant was found to be self-employed, not a worker or employee, meaning he had no statutory right to itemised pay statements and the tribunal had no jurisdiction.
Facts
The claimant worked for the respondent doing dabbing work (sticking boards to walls) on a construction project from September to December 2023, paid £4 per square metre on a piece-work basis. The respondent failed to pay the claimant in mid-December and had not paid tax to HMRC under the Construction Industry Scheme. The claimant had no written contract, worked flexible hours, could take time off freely, could send substitutes, used his own tools, received no sick or holiday pay, and considered himself self-employed.
Decision
The tribunal dismissed both claims for lack of jurisdiction, finding the claimant was a genuinely self-employed independent contractor, not an employee or worker. There was no requirement for personal service, no mutuality of obligation, and no control exercised by the respondent. The claimant had complete flexibility and acknowledged he was self-employed with no employment rights.
Practical note
Even where unpaid wages are disputed, a tribunal will dismiss claims if the claimant lacks worker status, emphasising the importance of establishing employment status as a jurisdictional threshold before substantive claims can be heard.
Legal authorities cited
Statutes
Case details
- Case number
- 1300559/2024
- Decision date
- 18 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Adam Feeney
- Sector
- construction
- Represented
- No
Employment details
- Role
- Dabbing work (sticking boards to walls)
- Service
- 4 months
Claimant representation
- Represented
- No