Mr A Broughton v S K Recruitment Agency Ltd [2020] UKET 1801657
Published: 3 August 2020
The complainant had been working as a self-employed labourer in the construction industry. Between 2017 and 2019 he worked on a project through an agency. The contract was very clear that no holiday pay would be paid. The claimant last worked onsite in April 2019 and was then taken on directly from May 2019.
The claimant put in a claim for holiday pay having been told by his sister, who was an accountant, that it might be due. The claim was, however, lodged many months later and the tribunal decided that it was presented out of time. So, the tribunal did not come to decide whether the claimant was, in all the circumstances he described, properly a worker on the one hand entitled to holiday pay between 2017 and 2019, or self employed in that period and not so entitled.