Claimant v Care Match UK Elite Staffing Ltd
Outcome
Individual claims
Tribunal found Miss Towers was an employee of R1 with over two years' service, R1 was insolvent, and she was entitled to statutory redundancy payment under s166 ERA 1996. Secretary of State liable to pay.
Tribunal found Miss Towers worked one week of the two weeks' statutory notice she was entitled to under s86 ERA 1996. R1 owed her one week's notice pay. Secretary of State liable under s182 ERA 1996.
Tribunal found Miss Towers had 5.4 days' holiday pay accrued but untaken valued at £393.24. R1 became insolvent before payment. Secretary of State liable under s182 ERA 1996.
Tribunal found Miss Milton had accrued 149.72 hours (4.16 weeks) of holiday pay valued at £1,713.73 which was calculated on her final payslip but not paid due to R1's insolvency. Secretary of State liable under s182 ERA 1996.
Miss Milton withdrew her redundancy pay claim at a preliminary hearing on 8 January 2025, accepting she did not have two years' continuous service as required by s155 ERA 1996.
Facts
Miss Towers and Miss Milton worked as agency support workers for Care Match UK Elite Staffing Ltd from February 2022 and October 2022 respectively until May 2024. They were paid via PAYE, worked regular 36-hour weekly shifts, and were provided uniforms and benefits by R1. R1 entered creditors voluntary liquidation in May 2024, leaving both claimants unpaid for notice and accrued holiday pay. The Secretary of State disputed that they were employees, arguing they were agency workers.
Decision
The tribunal found that both claimants were employees of R1, not agency workers. The key features establishing employment were: personal service obligations, mutuality of obligation (contracted hours with required minimum work), and R1's control (PAYE, uniforms, line management, disciplinary processes, benefits). The tribunal ordered the Secretary of State to pay Miss Towers £942 redundancy pay, £471 notice pay, and £393.24 holiday pay, and Miss Milton £1,713.73 holiday pay from the National Insurance Fund.
Practical note
Workers labelled as 'agency workers' may still be employees if the agency exercises direct control through PAYE, line management, disciplinary procedures, and there is mutuality of obligation with contracted hours, not casual arrangements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2306512/2024
- Decision date
- 2 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- Agency Support Worker
- Service
- 2 years
Claimant representation
- Represented
- No