Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
This was a preliminary hearing to determine employment status. The tribunal found the claimant was an employee under section 230(1) ERA 1996, resolving a jurisdictional issue before the substantive claims against the insolvent employer could proceed to a remedy hearing.
Facts
The claimant brought claims against an insolvent company (Coedlas Developments Limited, in creditors voluntary liquidation) and the Secretary of State for Business and Trade. The first respondent disputed whether the claimant was an employee. The second respondent did not appear at the preliminary hearing.
Decision
The tribunal determined as a preliminary issue that the claimant was an employee of the second respondent under section 230(1) of the Employment Rights Act 1996. The case was then listed for a half-day remedy hearing to determine the substantive claims.
Practical note
In insolvency cases, the Secretary of State may dispute employment status to limit liability under the redundancy payments scheme, requiring a preliminary hearing to establish the employment relationship before substantive claims can proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6028183/2025
- Decision date
- 18 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Secretary of State for Business and Trade
- Sector
- central government
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No