Claimant v Swimming Nature Holdings Limited
Outcome
Individual claims
The tribunal found that the claimant was an independent contractor, not an employee or worker. He chose self-employed status to receive £25 per hour instead of £20 per hour with benefits, knowing he would not receive holiday pay. The reality of the relationship was consistent with contractor status.
Facts
The claimant worked as a swimming instructor for the respondent. He was offered a choice between employed status at £20 per hour with benefits, or self-employed contractor status at £25 per hour without holiday pay. He chose self-employed status and signed a Self-Employed Contractor Agreement in September 2023. The respondent later terminated the arrangement due to performance concerns. The claimant claimed £560 in holiday pay, and also applied to strike out the respondent's response or alternatively for a deposit order.
Decision
The tribunal refused the claimant's strike-out and deposit order applications as premature. On the substantive issue, the tribunal found the claimant was a self-employed independent contractor, not an employee or worker. He had chosen that status with full knowledge he would not receive holiday pay, and the reality of the relationship was consistent with contractor status. The holiday pay claim therefore failed.
Practical note
A genuine choice between employed and self-employed status, made with knowledge of the different rights and pay rates, will be respected by tribunals where the reality of the working relationship is consistent with the chosen status.
Legal authorities cited
Statutes
Case details
- Case number
- 2219252/2023
- Decision date
- 28 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- swimming instructor
Claimant representation
- Represented
- No