Claimant v Skyes Cleaning Group Limited
Outcome
Individual claims
The tribunal found that Mrs White was a worker, not self-employed as the respondent claimed. The respondent deducted £45 from her final invoice for 'unnecessary work', but had no lawful basis for this deduction under section 13 ERA 1996. There was no relevant contract provision authorising deductions and she had not agreed in writing to the deduction.
Following the finding that Mrs White was a worker, she was entitled to accrued holiday pay at the statutory rate of 5.6 weeks per year under the Working Time Regulations 1998. The tribunal awarded one month's accrued holiday pay calculated at £112, being 1/12 of the annual entitlement of £1,344.
The tribunal found the respondent had failed to provide written employment particulars as required from day one of employment by section 1 ERA 1996. The contract provided was defective as it failed to include details of holiday entitlement and other required particulars. The tribunal awarded two weeks' pay (£480) as there were no exceptional circumstances to justify a lower award.
Facts
Mrs White worked for a cleaning company for just over a month, initially as a Compliance Officer then as an Accounts Manager, working Wednesdays and Fridays at £15 per hour. She was given a self-employed contract but provided with company phone, tablet, laptop, email address and swipe card. She worked regular office hours with monitoring and supervision. When she resigned, the respondent made various deductions from her final invoice totalling £190, leaving £45 unpaid, and refused to pay any holiday pay.
Decision
The tribunal found Mrs White was a worker, not self-employed. She was integrated into the business, worked fixed hours, was supervised and monitored, and had no real ability to send a substitute or operate independently. The deductions from wages were unlawful, she was entitled to accrued holiday pay, and the respondent had breached its duty to provide written employment particulars. Total award of £637.
Practical note
Simply labelling someone as self-employed and requiring invoices does not make them self-employed where the working relationship shows economic dependence, integration into the business, and lack of genuine independence or client/customer relationship.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2302231/2024
- Decision date
- 18 September 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Compliance Officer then Accounts Manager
- Service
- 1 months
Claimant representation
- Represented
- No