Claimant v Nourish on the Brow 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 employee status, the claimant had no entitlement to a statutory redundancy payment.
The tribunal dismissed the claim for holiday pay under section 182 ERA 1996 because the claimant was not an employee within the meaning of section 230 ERA 1996 and therefore had no entitlement to paid annual leave under employment law.
The claim for notice pay under section 182 ERA 1996 failed because the claimant was not found to be an employee. Statutory notice pay rights depend on employee status under section 230 ERA 1996.
The wages claim under section 182 ERA 1996 was dismissed. The tribunal determined the claimant was not an employee and therefore did not have statutory wage payment rights under the Employment Rights Act 1996.
Facts
The claimant brought claims against an insolvent company (Nourish on the Brow Ltd) and the Secretary of State for Business and Trade for redundancy pay, holiday pay, notice pay and unpaid wages. The first respondent was in creditors voluntary liquidation. The case turned on whether the claimant had employee status.
Decision
The tribunal dismissed all claims, finding that the claimant was not an employee within the meaning of section 230 of the Employment Rights Act 1996. Without employee status, the claimant had no entitlement to redundancy pay, holiday pay, notice pay or statutory wage protection under the ERA 1996.
Practical note
Employment status is a threshold issue that determines all statutory employment rights; self-employed individuals cannot claim redundancy pay, notice pay or holiday pay under the Employment Rights Act 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 6005515/2024
- Decision date
- 8 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No