Cases3311533/2023

Claimant v P H Carpets and Flooring Services Limited

4 April 2025Before Employment Judge GrahamEast of Englandremote video

Outcome

Claimant fails

Individual claims

Otherfailed

The tribunal found that the claimant was not an employee of the First Respondent. Without employee status, the claimant had no basis to bring claims under employment law. The complaints were therefore dismissed.

Facts

The claimant, Mr Holliday, brought employment-related claims against P H Carpets and Flooring Services Limited (in creditors voluntary liquidation) and the Secretary of State for Business and Trade. The First Respondent did not attend the hearing. The tribunal heard the case by video at Bury St Edmunds on 4 April 2025.

Decision

The tribunal found that the claimant was not an employee of the First Respondent. Without the necessary employment status, the claimant could not pursue his employment law claims, and all complaints were dismissed.

Practical note

Employment status is a threshold issue - without establishing employee or worker status, a claimant cannot pursue statutory employment rights claims.

Legal authorities cited

Case details

Case number
3311533/2023
Decision date
4 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No