Claimant v Advanced Marble and Granite UK Ltd (in liquidation)
Outcome
Individual claims
The tribunal found that the claimant was not an employee of the first respondent at the relevant time, therefore the tribunal did not have jurisdiction to determine the claim for arrears of pay.
The tribunal found that the claimant was not an employee of the first respondent at the relevant time, therefore the tribunal did not have jurisdiction to determine the claim for notice pay.
The tribunal found that the claimant was not an employee of the first respondent at the relevant time, therefore the tribunal did not have jurisdiction to determine the claim for holiday pay.
The tribunal found that the claimant was not an employee of the first respondent at the relevant time, therefore the tribunal did not have jurisdiction to determine the claim for redundancy pay.
Facts
Mr Ward brought claims against Advanced Marble and Granite UK Ltd (in liquidation) and the Secretary of State for arrears of pay, notice pay, holiday pay and redundancy payment. The first respondent was in liquidation at the time of the hearing. The preliminary hearing was held remotely via CVP to determine the claimant's employment status.
Decision
The tribunal determined that the claimant was not an employee of the first respondent at the relevant time. As a result, all claims for unlawful deductions, notice pay, holiday pay and redundancy payment were dismissed for lack of jurisdiction.
Practical note
Employment status is a jurisdictional issue that must be established before substantive employment rights claims can be determined, and self-employed status bars claims for employee-only rights.
Legal authorities cited
Case details
- Case number
- 6002441/2025
- Decision date
- 23 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No