Tag
#mutuality-of-obligation
19 cases tagged Mutuality of Obligation.
Independent clerk to school appeals panels was a worker, not an employee — claims out of time
A long-serving independent clerk who worked for Royal Borough of Greenwich for 28 years was found to be a worker rather than an employee, meaning her unfair dismissal claim could not proceed. Her remaining claims for holiday pay and expenses were also dismissed as too late.
Dog walker with set hours found to be employee: unfair dismissal and age discrimination win
A dog walker who worked set hours for five years was found to be an employee, not a self-employed contractor, and awarded over £11,700 for unfair dismissal and age discrimination.
Working through a limited company? You may still be an employee
A tribunal ruled that a commissioning director with 24 years' service remained an employee even after switching to a consultancy agreement via his own limited company.
Security guard with 28 months' service found to be employee, unfairly dismissed
A security guard who was removed from his assignment and not given any disciplinary process has been found to be an employee and unfairly dismissed. The tribunal also ordered the employer to pay outstanding holiday pay for the full 28 months of service.
Ethical veganism claim fails: care home bank worker lacked continuity for unfair dismissal
A tribunal dismissed an unfair dismissal claim from a care home bank worker who refused the COVID-19 vaccine citing veganism, ruling she lacked continuity of service and her belief was not a protected characteristic.
Housekeeper in shared home not an employee: claim dismissed with costs order
A woman who lived in a man's home and performed housekeeping tasks was found not to be an employee or worker, leading to dismissal of her unfair dismissal claim and a costs order of £11,130.
Casual road safety trainer with 22 years' service loses unfair dismissal claim due to employment status and time limits
A tribunal ruled that a casual Bikeability trainer who worked for Lancashire County Council for 22 years was not an employee under a global contract, and her unfair dismissal claim was out of time. However, her redundancy payment claim can proceed.
Zero-hours waitress loses unfair dismissal claim after redundancy exclusion
A waitress on a zero-hours contract who was excluded from a redundancy process has had her unfair dismissal claim dismissed, after a tribunal ruled she was never an employee.
Primary school teacher found to be employee despite invoicing via limited company
A tribunal ruled that a teacher who invoiced via her limited company was an employee from September 2019, enabling her to pursue claims for unfair dismissal and whistleblowing.
Sole director and shareholder fails to prove employee status for National Insurance Fund claim
A design co-ordinator who was the sole director and shareholder of her own company could not claim redundancy or other payments from the National Insurance Fund because she was not an employee. The tribunal dismissed her claims.
School delivery driver and taxi driver: employment status settled before final hearing
A tribunal found that a school delivery driver was an employee for that role but only a worker for taxi work. The case settled before the final hearing, with no compensation awarded.
Clinical Programme Lead unfairly dismissed after seven years as 'self-employed'
A Clinical Programme Lead who worked for the NHS for seven years under successive 'contract for services' agreements has been found to be an employee and unfairly dismissed in a redundancy restructure. She was awarded £25,000.
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.
Bank contract broke continuity: support worker's unfair dismissal claim fails
A support worker who moved to a bank contract with no guaranteed hours lost the continuity needed to bring an unfair dismissal claim. The tribunal ruled it had no jurisdiction to hear the case.
Independent fostering panel chair denied unfair dismissal rights: office holder, not employee
A tribunal has ruled that an Independent Chair of a fostering panel with 13 years' service was not an employee, meaning she cannot bring unfair dismissal or breach of contract claims.
Self-employed music teacher at Cranleigh School fails to prove worker status
A visiting music teacher who signed a self-employed agreement was found not to be an employee or worker, and his claims for unfair dismissal, notice pay, and holiday pay were dismissed.
Director and shareholder claimed worker status: tribunal says he was a company, not an individual
A director and shareholder of a limited company claimed he was a worker for a client of his company. The tribunal dismissed the claim, finding no personal contract existed.
Cleaner with 29 years' service found to be self-employed: tribunal lacks jurisdiction
A cleaner who worked for 29 years cleaning common parts of a building was found to be genuinely self-employed, meaning the tribunal had no power to hear her unfair dismissal and discrimination claims.
Commission-only literary agent held not to be an employee for unfair dismissal claim
A literary agent paid solely by commission lost his unfair dismissal claim after the tribunal ruled he was not an employee. The case shows the importance of control, mutuality of obligation, and personal service in determining employment status.