Claimant v M & M Cosmetics Ltd
Outcome
Facts
The claimant was CEO of Afrocenchix Limited from 2010 until it was liquidated in June 2023. Her employment was intended to transfer to the second respondent under TUPE, but this did not occur due to the liquidation. While on maternity leave, she was offered employment by Mr Kalla, though no contract was signed. She received maternity pay, holiday pay, and was asked to perform work. The respondent treated her as an employee, dealing with tax/NI through payroll and engaging HR consultants for a redundancy process.
Decision
The tribunal found that the claimant was an employee of the second respondent despite no signed contract. Applying Ready Mixed Concrete, the tribunal held that the requirements of personal service, control, and remuneration (including expectation of future work) were met. The respondent's conduct in paying maternity/holiday pay, operating payroll, and using grievance procedures demonstrated the employment relationship.
Practical note
An employment relationship can be established through the parties' conduct and treatment of each other, even without a formal written and signed contract, particularly where payments are made through payroll and employment procedures are followed.
Legal authorities cited
Statutes
Case details
- Case number
- 3302740/2024
- Decision date
- 15 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- CEO and Head of Marketing
- Salary band
- £60,000–£80,000
- Service
- 13 years
Claimant representation
- Represented
- No