Claimant v New Code Partnership Limited

The tribunal found the claimant was not an employee of the respondent at any time. She had not worked since 2008 and received maintenance payments via the company under an agreement with her ex-husband. There was no mutuality of obligation, no requirement for personal service, and the payments were ex gratia maintenance, not wages. Without employee status, the tribunal had no jurisdiction to hear the unfair dismissal claim.

The tribunal found there was no contract of employment or worker relationship. The claimant had no statutory right to notice as she was not an employee and had given no service since 2008. The payments she received were maintenance payments made via the company, not contractual wages.

The tribunal found the claimant was not a worker within the meaning of s.230(3) ERA 1996. There was no mutuality of obligation, no undertaking to provide personal service, and she expressly agreed not to work. The payments were ex gratia maintenance payments, not wages properly payable, so no unauthorised deduction occurred.

The claimant was not a worker and therefore had no entitlement to paid annual leave under the Working Time Regulations 1998. She never requested leave, never took leave, and never had any agreement as to holiday entitlement. The claim for unpaid holiday pay therefore failed for lack of worker status.