Richards v Waterfield Homes Ltd & Anor (EMPLOYEE, WORKER OR SELF EMPLOYED) [2022] EAT 148 (09 August 2022)

Richards v Waterfield Homes Ltd & Anor (EMPLOYEE, WORKER OR SELF EMPLOYED) [2022] EAT 148 (09 August 2022)

The Employment Tribunal erred in law by treating the use of the CIS scheme and the parties' agreement as determinative of employment status, rather than considering all relevant factors. On the facts found, the only proper conclusion was that the claimant was an employee throughout the relevant period.

Citation
[2022] EAT 148
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
09 August 2022
Procedural Posture
Employment Appeal / Appeal Against ET Decision on Employment Status
Outcome
Appeal allowed; finding substituted that claimant was an employee throughout the relevant period.
Legal Topics
Employment Status, Self Employment, Worker Rights, CIS Scheme, Holiday Pay
Employment Law Employment Status Self Employment Worker Rights CIS Scheme Holiday Pay

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against ET Decision on Employment Status

Legal Issues

  1. 1 Whether the claimant was an employee, worker, or self-employed for the relevant period
  2. 2 Whether the Employment Tribunal erred in treating tax status as determinative of employment status

Ratio Decidendi

The Employment Tribunal erred in law by treating the use of the CIS scheme and the parties' agreement as determinative of employment status, rather than considering all relevant factors. On the facts found, the only proper conclusion was that the claimant was an employee throughout the relevant period.

Court Disposition

Appeal allowed; finding substituted that claimant was an employee throughout the relevant period.

Orders

  • Matter remitted to the Employment Tribunal for a remedy hearing.
  • Transcript of this judgment to be sent to the parties.