Thread by @JasonBraier

1. Water v The Mote Cricket Club: EAT upholds ET's decision that a cricket club groundsman operating through his own business was neither an employee nor a worker
bailii.org/uk/cases/UKEAT…
#ukemplaw

2. Mote employed a groundsman for many years until 2016. He had licence to live in residential accommodation as part of his contract. When he left, Mote engaged a self-employed contractor. At about that time, W obtained became shorthold tenant of the groundsman's property.

3. W was a member of the cricket club. In 2011, he set up a gardening & grounds business. 1 of his jobs was maintenance of another cricket pitch. When he ended the tenancy, he based his business at Mote & kept tools there (bringing in a shipping container to do so).

4. W was offered the groundsman role by Mote on a contractor basis. He wanted to be employed but reluctantly agreed. The contract required pitch maintenance & set out an expected minimum hrs per week in the summer months, 2/3 to be carried out in person, with fewer in the winter.

5. The contract also set out payment terms, with invoices for summer work spread over 8 months & winter work over 4. The contract made clear it was separate from the tenancy arrangement. There was a 3-month notice period for termination.

6. Following termination of the arrangement, W brought holiday & notice pay claims & latterly sought to amend to add an unfair dismissal claim. The EJ found W neither an employee nor a worker but self-employed contracting with Mote as a client.

7. The EAT dismissed W's appeal against that finding. 1 argument raised by W was that he was required to perform additional work without added pay, & that this showed control by Mote. HHJ Tayler disagreed - considering it doesn't point in any particular direction on status.

8. Other grounds were dealt with by the EAT pithily in dismissing them. I need not go through them here. 1 point of some quotable use to respondents to appeals is in the EAT's dismissal of the Meek grounds, noting they're so often raised & for good reason they so rarely succeed.