Claimant v Fine & Country Richmond Ltd
Outcome
Individual claims
Tribunal found the Claimant was not an employee of the Respondents at the relevant time. The complaint of unfair dismissal was dismissed because the Tribunal does not have jurisdiction to determine it.
Tribunal found the Claimant was not an employee of the Respondents at the relevant time. The complaint of wrongful dismissal (relating to notice pay) was dismissed because the Tribunal does not have jurisdiction to determine it.
Tribunal determined the Claimant was a worker at the relevant time. The Tribunal has jurisdiction to determine this complaint and it will be listed for a further hearing to determine liability and if appropriate remedy.
Tribunal determined the Claimant was a worker at the relevant time. The Tribunal has jurisdiction to determine this complaint concerning entitlement to annual leave and it will be listed for a further hearing to determine liability and if appropriate remedy.
Tribunal determined the Claimant was entitled to receive written particulars of employment under sections 1 and 4 of ERA 1996. The Respondents had not provided them. This matter will be determined at a further hearing for liability and remedy.
Facts
The Claimant worked as a Real Estate Agent for two related estate agency companies from December 2020 to February 2024, receiving commission on completed transactions and paying his own tax. He resigned alleging constructive dismissal, claiming unpaid wages, holiday pay and notice pay. The Respondents argued he was self-employed. The arrangement began informally with a fee-split structure and the Claimant had autonomy over when and how he worked, though received leads from the Respondents and attended weekly meetings. Disputes arose over non-payment of fees and an alleged £25,000 acquisition fee the Claimant received directly from a client.
Decision
The tribunal found the Claimant was not an employee but was a worker under s.230 ERA 1996. The claims for unfair and wrongful dismissal were dismissed for lack of jurisdiction. The tribunal has jurisdiction to hear claims for unauthorised deductions from wages, holiday pay and failure to provide written particulars, which will proceed to a further hearing on liability and remedy.
Practical note
Estate agents working on commission with autonomy over working patterns may be workers entitled to holiday pay and wage protection rights even where they are not employees entitled to unfair dismissal protection.
Legal authorities cited
Statutes
Case details
- Case number
- 2303374/2024
- Decision date
- 24 April 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Real Estate Agent
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister