Cleaner with 8 years' service denied holiday pay: worker status upheld
A cleaner who worked for eight years but was never paid for holidays won £162.71 in holiday pay after the tribunal ruled she was a worker, not an employee.
1 min read · Last updated 18 May 2026
Case details
- #worker-status
- #holiday-pay
- #cleaner
- #mutuality-of-obligation
- #lack-of-control
Key facts
- The claimant worked as a cleaner for the respondent from 1 May 2014 until 30 March 2022.
- She was paid £150 per month for 2.5 hours of cleaning per week.
- The respondent had little control over how and when the claimant worked.
- The claimant was not an employee but a worker.
- The claimant did not take any paid holiday during her engagement.
- The respondent failed to pay the claimant in lieu of accrued untaken annual leave on termination.
Timeline
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Engagement as cleaner
The claimant began working as a cleaner for the respondent, cleaning communal areas of Hallgarth Court.
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Dismissal letter sent
Dr MacDonald sent a letter to the claimant stating that her services were no longer required.
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Claimant ceased work
The claimant stopped working and was paid for all work done plus an additional £150 as a goodwill gesture.
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Claim form presented
The claimant filed a claim for unfair dismissal, breach of contract, redundancy pay, and unauthorised deductions.
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Response filed
The respondent resisted the claims, arguing the claimant was never an employee.
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Hearing
The tribunal heard evidence from the claimant and two directors of the respondent.
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Judgment issued
The tribunal dismissed claims for unfair dismissal, redundancy, and breach of contract, but upheld a claim for holiday pay.
The legal issue
The tribunal had to decide whether the cleaner was an employee or a worker, and whether she was entitled to unfair dismissal, redundancy, breach of contract, and holiday pay.
The outcome
The tribunal dismissed the claims for unfair dismissal, redundancy, and breach of contract, but upheld the claim for holiday pay.
- The cleaner was found to be a worker, not an employee, because the respondent had little control over how and when she worked, and there was no mutuality of obligation.
- As a worker, she was entitled to paid annual leave under the Working Time Regulations.
- The respondent failed to pay her in lieu of accrued untaken annual leave on termination.
- Compensation: £162.71 (holiday pay).
Lessons & takeaways
- Workers are entitled to paid annual leave even if they are not employees, so employers must ensure they keep proper records and pay holiday pay on termination.
- The distinction between employee and worker depends on factors like control and mutuality of obligation — a lack of control over how and when work is done can mean worker status.
- Even long-serving staff may be workers rather than employees if the working arrangement lacks sufficient control and obligation.
- Failing to pay holiday pay on termination can lead to a successful claim for unauthorised deductions, even if other employment rights do not apply.
A cleaner's long service, but not an employee
A cleaner who worked for Hallgarth Court Residents Limited for eight years, cleaning communal areas for £150 a month, found that her long service did not make her an employee. The tribunal heard that the respondent had little control over how and when she worked, and there was no mutuality of obligation — she was not required to accept work, and the respondent was not obliged to provide it. This meant she was a worker, not an employee, so her claims for unfair dismissal, redundancy, and breach of contract failed.
Holiday pay: a right for workers too
However, as a worker, she was entitled to paid annual leave under the Working Time Regulations. She had never taken any paid holiday during her engagement, and on termination the respondent did not pay her in lieu of accrued untaken leave. The tribunal found that this was an unauthorised deduction from wages and ordered the respondent to pay £162.71.
What this means for similar claims
This case shows that even long-serving staff may not be employees if the working arrangement lacks the hallmarks of employment — particularly control and mutuality of obligation. But it also highlights that worker status still carries important rights, including holiday pay. Employers who engage cleaners or similar staff on a flexible basis should ensure they understand the distinction and comply with their obligations to pay holiday pay on termination. For workers, this case is a reminder that they can enforce their right to paid annual leave even if they are not employees.
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