Jurisdictional Points – Worker, Employee or Neither
The employment tribunal had properly found that the claimant was a ‘worker’ but not an ’employee’ within section 230 of the Employment Rights Act 1996. There was no error of law or wrong approach to that issue.
The tribunal had erred in deciding that the claimant was not a ‘part-time worker’ within regulation 2(2) of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the 2000 Regulations).
The claimant was a part-time worker within regulation 2(2) of the 2000 Regulations. His driving work was not piecework. Although paid on a commission only basis, he was paid in part by reference to the time he worked and was not identifiable as a full-time worker.
The tribunal properly and with adequate reasons found that the claimant’s treatment at the end of the relationship was not for any prohibited reason, i.e. making a protected disclosure, asserting a right to the national minimum wage and alleging a breach of the 2000 Regulations.
The claim for less favourable treatment under the 2000 Regulations would be remitted back to the same tribunal, if that tribunal was still available to sit and could reconvene without undue delay; otherwise, it would be remitted to a fresh tribunal.
Citations:
[2019] UKEAT 0231 – 18 – 2012)
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 October 2022; Ref: scu.646865