Decision date
30 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge W Anderson
Case Summary
The claimant brought a claim of unfair dismissal against Eco Metering Solutions Limited, claiming employment from February 2015 to February 2025. The tribunal found at a preliminary hearing that the claimant was a director and shareholder rather than an employee, as there was no express or implied contract of employment and the irreducible minimums of mutuality of obligation, personal performance, and control were absent. The claim was dismissed for lack of jurisdiction, and the claimant was ordered to pay the respondent's costs.
Why this outcome?
No employee/worker statusThe tribunal found no contract of employment (express or implied) existed between the parties. The claimant was a shareholder and director under a shareholders agreement. The irreducible minimum requirements for an employment contract were not met: there was no mutuality of obligation (no evidence the claimant was obliged to perform work), no control exercised by the respondent, and no requirement for personal performance. The claimant invoiced as a sole trader consultant and no tax or national insurance contributions were paid.
Claim Types
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Key Issues
- •Whether the claimant was an employee of the respondent
- •Contract of employment status
- •Mutuality of obligation
- •Personal performance
- •Control in the employment relationship
Original published judgment
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Case Details
- Case No.
- 6023058/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 30 April 2026
- Published
- 25 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge W Anderson