Claimant v De-Ath Brothers Brickwork and Scaffolding Limited
Outcome
Individual claims
The tribunal upheld the claim for holiday pay on the basis that Mr Richardson met the definition of a worker under regulation 2 of the Working Time Regulations 1998. The case was resolved by consent with the respondent director present. The tribunal awarded compensation of £2,096 representing unpaid holiday entitlement.
Facts
Mr Richardson brought a claim for holiday pay against a brickwork and scaffolding company. The key issue was whether he qualified as a worker under the Working Time Regulations 1998. The case was heard by video with the claimant represented by counsel instructed by Thompsons Solicitors, while the respondent company was represented by its director. The matter was resolved by consent.
Decision
The tribunal upheld the holiday pay claim, finding that Mr Richardson met the definition of a worker under regulation 2 of the Working Time Regulations 1998. The tribunal awarded compensation of £2,096 representing unpaid holiday entitlement. The respondent's name was formally corrected by consent.
Practical note
Workers in the construction sector, even if engaged on a casual or self-employed basis, may still qualify as workers under the Working Time Regulations and be entitled to holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2304573/2023
- Decision date
- 1 August 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister