Claimant v Secretary of State for Justice
Outcome
Individual claims
Tribunal held claimant was not a worker under ERA 1996 s.230, not a worker under WTR regulation 2, and not a worker under EU law (Working Time Directive). She held judicial office and did not work under a contract. Claimant also failed to give proper notice under Regulation 15 WTR and claims were out of time under Regulation 30 WTR.
Tribunal held claimant was not a worker for the purposes of Part II ERA 1996, so could not bring a claim for unlawful deduction of wages. Additionally, she failed to establish when alleged deductions were made, so could not satisfy time limits.
Facts
Claimant was a qualified solicitor appointed in 2013 as a Specialist Member of the Mental Health Tribunal and Non-Legal Member of the SEND Tribunal. She worked on a fee-paid basis, indicating availability on forms, sitting 30+ days per year initially, later increasing to near full-time. She was paid a daily fee calculated as 1/220th of a notional full-time salary, which the respondent said incorporated holiday pay. She claimed she had never been paid holiday pay and brought claims under the Working Time Regulations and ERA for unlawful deduction of wages.
Decision
The tribunal dismissed all claims. It held the claimant was not a worker under domestic law (ERA s.230 or WTR Reg 2) as judicial office holders do not work under a contract. She was not a worker under EU law as she did not perform services under the direction of another. Her human rights arguments under Article 14 ECHR failed as she did not bring herself within the ambit of Article 8 or A1P1. Even if she had worker status, she failed to give proper notice under Reg 15 WTR and her claims were out of time under Reg 30 WTR.
Practical note
Judicial office holders, including non-legal tribunal members, are not workers under ERA 1996, the Working Time Regulations, or EU law, and cannot claim holiday pay or bring unlawful deduction claims, despite being fee-paid and treated administratively like employees for tax purposes.
Legal authorities cited
Statutes
Case details
- Case number
- 2304452/2023
- Decision date
- 11 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Specialist Tribunal Member / Non-Legal Member
Claimant representation
- Represented
- No