Claimant v Century Office Equipment (Essex) Limited
Outcome
Individual claims
The tribunal found that Mr Bays had not established that he was an employee for the purposes of section 230 of the Employment Rights Act, and therefore was not entitled to a statutory redundancy payment.
The tribunal found that Mr Bays had not established employee status under section 230 ERA, and therefore his claim for notice pay failed as he had no statutory entitlement.
The tribunal found that Mr Bays had not established employee status under section 230 ERA, and therefore his claim for holiday pay failed as he had no statutory entitlement.
Mr Bays claimed pension payment. The tribunal found he had not established employee status under section 230 ERA, and therefore this claim failed.
The tribunal found that Mrs Bays had not established that she was an employee for the purposes of section 230 of the Employment Rights Act, and therefore was not entitled to a statutory redundancy payment.
The tribunal found that Mrs Bays had not established employee status under section 230 ERA, and therefore her claim for notice pay failed as she had no statutory entitlement.
The tribunal found that Mrs Bays had not established employee status under section 230 ERA, and therefore her claim for holiday pay failed as she had no statutory entitlement.
Facts
Mr and Mrs Bays brought claims against Century Office Equipment (Essex) Ltd for redundancy pay, notice pay, holiday pay, and in Mr Bays' case, pension payment. The claims were also brought against the Secretary of State for Business and Trade. The fundamental issue was whether the claimants were employees.
Decision
The tribunal found that neither claimant had established they were employees for the purposes of section 230 of the Employment Rights Act. As a result, all claims for statutory payments including redundancy pay, notice pay, holiday pay and pension payment were dismissed as not well founded.
Practical note
Without establishing employee status under section 230 ERA, claimants cannot succeed in claims for statutory redundancy pay, notice pay or holiday pay, regardless of the merits of their underlying factual case.
Legal authorities cited
Statutes
Case details
- Case number
- 3200093/2024
- Decision date
- 9 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No