Claimant v Dionard Guest House Limited
Outcome
Individual claims
The tribunal determined it had no jurisdiction to hear the discrimination complaints because the claimant was neither an employee nor a worker under the statutory definitions in s.83(2)(a) Equality Act 2010 and s.230 Employment Rights Act 1996. The relationship was a voluntary, informal arrangement between friends with no mutuality of obligation, no control, and no payment of wages. Without the required employment status, the claim was dismissed for want of jurisdiction.
The tribunal found the claimant was not an employee or worker, and therefore lacked the necessary employment status to bring a whistleblowing claim. The tribunal held there was no contract of employment, no mutuality of obligation, and no intention to create legal obligations between the parties. The claim was dismissed for want of jurisdiction.
The tribunal found there was no contract of employment between the parties. The claimant worked on a voluntary basis, was not paid wages, and the arrangement was an informal friendship arrangement rather than a legal contract. The notice pay claim therefore failed for want of jurisdiction.
The tribunal determined the claimant was neither an employee nor a worker under s.230 Employment Rights Act 1996, and therefore had no entitlement to holiday pay. The claimant worked voluntarily, received no wages, and there was no mutuality of obligation. The claim was dismissed for want of jurisdiction.
The tribunal found the claimant was not a worker under s.230(3) Employment Rights Act 1996. He volunteered to work without any obligation to do so, was not paid wages, and the arrangement was mutually beneficial between friends rather than contractual. Without worker status, the tribunal had no jurisdiction to consider unpaid wages claims.
Facts
The claimant moved into the respondent's guest house as a tenant in January 2024, paying £160 per week rent. After financial difficulties and becoming friends with the owner Ms Campbell, he stopped paying rent and began voluntarily helping out at the guest house, performing tasks such as carpentry, greeting guests, and assisting in the dining room. He was given the title 'Assistant Manager' but was never paid wages, given a contract, or required to work. The relationship deteriorated and he was asked to leave in August 2024, eventually being escorted from the premises by police.
Decision
The tribunal held that the claimant was neither an employee nor a worker under the statutory definitions. There was no contract of employment because there was no intention to create legal obligations, no mutuality of obligation, no control exercised by the respondent, and no payment of wages. The arrangement was an informal, voluntary one between friends that was mutually beneficial. Without the necessary employment status, the tribunal had no jurisdiction to hear any of the claims and they were dismissed.
Practical note
A voluntary arrangement between friends where someone helps out at a business without wages, contract, mutuality of obligation or control does not create worker or employee status, even if given a job title.
Legal authorities cited
Statutes
Case details
- Case number
- 8001727/2024
- Decision date
- 5 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Assistant Manager
- Service
- 8 months
Claimant representation
- Represented
- No