Claimant v Kreative Holdings Limited
Outcome
Individual claims
The tribunal found that the claimant failed to establish that she was either an employee or a worker of any of the respondents within the meaning of section 230 ERA 1996. Without establishing employment or worker status, the claim for unauthorised deductions from wages could not succeed.
The tribunal found that the claimant failed to establish that she was either an employee or a worker of any of the respondents within the meaning of section 230 ERA 1996. Without establishing employment or worker status, the claim for failure to pay holiday pay under the Working Time Regulations could not succeed.
The claim for failure to provide written statement of employment particulars under section 1 ERA 1996 failed because the claimant did not establish that she was an employee or worker of any of the respondents, which is a prerequisite for this entitlement.
Facts
The claimant brought claims for unauthorised deductions from wages, failure to pay holiday pay, and failure to provide written particulars against three companies in which her husband was a statutory director. Neither party attended the hearing. The claimant told the tribunal by telephone she did not see the point in attending. The tribunal had no documentary or witness evidence regarding any contract of employment or the nature of any work arrangement, though it appeared the claimant may have done some work in one respondent's shop and received regular payments.
Decision
The tribunal proceeded in the parties' absence under Rule 47. All claims were dismissed because the claimant failed to establish that she was either an employee or worker of any of the respondents within the meaning of section 230 ERA 1996. Without evidence of a contract of employment or contract to perform work personally, the tribunal could not find the necessary employment status existed.
Practical note
A claimant must establish employee or worker status as a threshold issue before employment rights claims can succeed; mere evidence of performing some work or receiving payments is insufficient without proof of a contractual relationship.
Legal authorities cited
Statutes
Case details
- Case number
- 2501981/2023
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No