Mr J Harper v Red Hot Chilli Pipers Ltd and Mr J Hepburn

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case Number: 4103476/2023 Preliminary hearing held in Glasgow on 7 and 8 November 2023 Employment Judge M Whitcombe 10 Mr James Harper Claimant 15 (1) Red Hot Chilli Pipers Limited Respondents (2) Mr Jay Hepburn

20 JUDGMENT ON PRELIMINARY ISSUES (1) The claimant was an “employee” for the purposes of section 230(1) of the Employment Rights Act 1996, and similarly worded provisions. 25 (2) The claimant was a “worker” for the purposes of section 230(3) of the Employment Rights Act 1996, and similarly worded provisions. (3) The claimant was an “employee” for the purposes of section 83 of the Equality Act 2...

REASONS Introduction and background 10 1. The claimant is a skilled musician and a graduate of the Royal Conservatoire of Scotland. He was formerly a bagpiper with “the Red Hot Chilli Pipers”, the band operated by the first respondent. The band plays both traditional pipe tunes and contemporary compositions in a style which it calls “bagrock”. The first respondent markets the band as “the most ...

2. By a claim form received by the Tribunal on 23 June 2023 the claimant brought complaints of unfair dismissal, discrimination on grounds of sexual orientation and religion or belief, breach of contract in relation to notice pay, 20 unpaid entitlement to paid annual leave and failure to provide a written statement of particulars of employment.

3. This preliminary hearing was arranged to decide preliminary issues of employment status and jurisdictional time limits. Further details can be found 25 in the note and orders following the Preliminary Hearing for case management conducted by EJ Kemp on 23 August 2023. 30 Issues Employment status issues Case No.: 4103476/2023 Page 3