Mr R Smart v Newsteam Group Ltd: 2602265/2022
| Jurisdiction | England & Wales |
| Judgment Date | 21 April 2023 |
| Date | 21 April 2023 |
| Published date | 26 May 2023 |
| Court | Employment Tribunal |
| Subject Matter | Working Time Regulations |
| Citation | 2602265/2022 |
Case No 2602265.2022
Page 1 of 14
EMPLOYMENT TRIBUNALS
Claimant:
Mr R Smart
Respondent:
Newsteam Group Ltd
Heard at:
Leicester Hearing Centre, 5a New Walk, Leicester, LE1 6TE
On:
18 April 2023
Before:
Employment Judge Adkinson sitting alone
Appearances
For the claimant:
Mr K Smart, the claimant’s father
For the respondent:
Mr F McCombie, Counsel
JUDGMENT
After hearing from the parties the Tribunal’s judgment is as follows:
1. the claimant was not a worker of the respondent,
2. the claimant’s claim for holiday pay therefore is dismissed, and
3. the claimant must pay to the respondent the sum of £100 towards the
respondent’s costs.
REASONS
1. Mr Smart, the claimant, claims £305.55 from the respondent, Newsteam
Group Ltd, in respect of holiday pay for the period between 5 May 2022
(when the working relationship started) and 7 July 2022 (when it ended) or
thereabouts (“the material time”). The respondent accepts that, if Mr Smart
were a worker for them during the material time, it would owe to him that
£305.55 for holiday pay. They deny however that he was a worker.
2. The respondent seeks its costs of the case, whatever the outcome. The
respondent offered to pay the £305.55 in full, without admitting liability, and
therefore says that the claimant should have accepted the offer. Mr Smart
denies that there are circumstances that justify the making of a costs order.
He says he acted reasonably, and the respondent’s stance encouraged the
claimant’s approach. Besides Mr Smart says he lack means.
3. Mr Smart had earlier withdrawn all claims against a second respondent and
had withdrawn a claim for unauthorised deductions of wages.
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