Legal principle
When statutory employment rights are in issue, the tribunal must determine the parties' true agreement and practical relationship. Written substitution or self-employment clauses may be disregarded where they do not reflect the reality of how work is performed.
What the court decided
The Supreme Court upheld the finding that car valeters were workers despite written terms describing them as self-employed and containing obligations that did not reflect the practical arrangement.
The practical test
- 1
Examine the written terms and the obligations they appear to create.
- 2
Compare those terms with how the parties actually worked in practice.
- 3
Determine the true agreement, taking account of the worker's relative bargaining position.
How tribunals apply it
- Contract labels such as self-employed are relevant but not decisive.
- A substitution clause with no genuine practical operation may carry little weight.
- Control, personal service and whether the other party is a client or customer remain central statutory questions.
Connected legislation
WorkDisputes tribunal data
Recent decisions involving related issues
These decisions are selected from topic classifications in our public Employment Tribunal dataset. A matching topic does not mean the decision applied this authority directly.
Unfair Dismissal, Discrimination and Unpaid Wages
Employer: Lynx Support Services Ltd
The claims for unauthorised deductions and unfair dismissal were dismissed as out of time, while the discrimination claims were allowed to proceed.
Legal Issues (3)
- Time limits
- jurisdiction
- just and equitable extension of time limits
Reference: 6023481/2024
Unpaid Wages
Employer: Media Stream AI Ltd
The tribunal found both claims well-founded and awarded the claimant £24,068.98 in total.
Legal Issues (2)
- Unauthorised deductions from wages under Part II of the Employment Rights Act 1996
- entitlement to accrued holiday pay under the Working Time Regulations 1998
Reference: 6006748/2026
Unfair Dismissal, Unpaid Wages and Other
Employer: TripleForce Security Ltd (in voluntary liquidation)
All claims (unfair dismissal, unpaid notice pay, unpaid holiday pay, and failure to provide written statement) succeeded, with monetary awards made.
Legal Issues (4)
- Unfair dismissal (basic award)
- unpaid notice pay
- unpaid holiday pay
- failure to provide a written statement of employment particulars (section 38 Employment Act 2002)
Reference: 3306076/2023
Unfair Dismissal, Discrimination, Unpaid Wages, Breach of Contract and Harassment
Employer: Verisure Services (UK) Ltd
All claims dismissed; claimant was fairly dismissed, disability and wage claims dismissed as out of time or on merits, and breach of contract claim without jurisdiction.
Legal Issues (6)
- Jurisdiction over time-barred claims
- definition of disability (stress/anxiety and shoulder pain accepted; other conditions not)
- unfair dismissal test
- disability discrimination (reasonable adjustments, harassment, discrimination arising from disability)
- unlawful deduction from wages (including notice pay, holiday pay, commission, SSP, and an overpayment deduction)
- breach of contract claim brought during employment
Reference: 1308699/2023
Unpaid Wages and Breach of Contract
Employer: Pharma Targeting Ltd
The tribunal found in favour of the claimant on all claims and ordered the respondent to pay the specified amounts.
Legal Issues (2)
- Whether the respondent made unlawful deductions from wages contrary to the Employment Rights Act 1996
- whether the respondent was in breach of contract for failing to provide notice pay and employer pension contributions
Reference: 6004492/2026
Unpaid Wages and Other
Employer: Leo Group Ltd
The claimant succeeded on all claims against the first respondent but claims against the second and third respondents were dismissed.
Legal Issues (5)
- Default judgment under rule 22
- claims for unauthorised deductions
- holiday pay
- written statement of particulars
- itemized pay statements
Reference: 6012139/2026