Cases2303408/2024

Claimant v Womens One World Limited

18 July 2025Before Employment Judge RamsdenLondon Southremote video

Outcome

Claimant succeeds£877

Individual claims

Direct Discrimination(race)withdrawn

The claimant withdrew this complaint before the final hearing. The tribunal dismissed it upon withdrawal.

Unlawful Deduction from Wageswithdrawn

The claimant withdrew her complaint in respect of unpaid wages before final hearing. The tribunal dismissed it upon withdrawal.

Holiday Paysucceeded

The tribunal found the claimant was a worker under the Working Time Regulations 1998. She was entitled to paid annual leave and compensation for accrued but untaken holiday. The respondent did not dispute the number of hours worked. Applying 12.07% to those hours, the claimant was owed £877.05.

Facts

The claimant, a non-UK national and student, worked for the respondent medical practice between November 2022 and February 2024 when she resigned. She worked flexible, irregular hours based on the availability of Dr Lall, a statutory director and NHS consultant. There was no written contract, but the claimant submitted timesheets and was paid for her work. The respondent failed to attend either the preliminary or final hearing.

Decision

The tribunal found the claimant was a worker under the Working Time Regulations 1998, not an independent contractor. The evidence showed a relationship of significant subordination, with the respondent dictating when and how the claimant worked. The claimant was integrated into the respondent's business and was not operating her own business. The tribunal awarded £877.05 for accrued but untaken holiday pay.

Practical note

A flexible, part-time arrangement with irregular hours does not preclude worker status where there is clear subordination, control by the employer over when work is performed, and integration into the business.

Award breakdown

Holiday pay£877

Legal authorities cited

Uber BV v Aslam [2021] UKSC 5Union Syndicale Solidaires Isere v Premier Ministre [2011] 1 C.M.L.R. 38B v Yodel Delivery Network Ltd Case C-692/19Main v SpaDental Ltd UKEAT/0124/20Windle v Secretary of State for Justice [2016] ICR 721Cotswold Developments Construction Ltd v Williams [2006] IRLR 181James v Redcats (Brands) Ltd [2007] ICR 1006Bates van Winkelhof v Clyde and Co LLP [2014] ICR 730

Statutes

Working Time Regulations 1998Working Time Directive 93/104/EC

Case details

Case number
2303408/2024
Decision date
18 July 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
No

Employment details

Service
1 years

Claimant representation

Represented
No