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ANOTHER TRIUMPH FOR EEBS IN HOLIDAY PAY EMPLOYMENT TRIBUNAL
16 June 2009
We are delighted to announce recent victory at an Employment Tribunal brought by a UCATT-backed subcontractor. The subcontractor claimed that he had in fact been employed or was at least entitled to ‘worker’ status and hence holiday pay and payment in lieu of notice.
The Judge ruled that the contract in place with EEBS left no room for interpretation or implication of any type of relationship other than that of a self-employed subcontractor.
She drew particular attention to several clauses in the contract which clearly outlined the nature of the relationship and satisfied the requirements of self-employment.
The key to our success was the engagement processes followed by EEBs and the client, including specific contractual terms, which clearly established the terms of engagement from the outset.
The contract was deemed by the judge to be an exclusive and accurate description of the working relationship and therefore watertight.
The subcontractor’s original claim had been for more than £2,600.
