Mr J Hughes v Mr W Kinch and Others

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100194/2025 & 8000311/2025 5 Held in Cloud Video Platform (CVP) on 1 May 2025 Employment Judge M Kearns Mr J Hughes First Claimant 10 In Person 15 Mr W Kinch Second Claimant In Person 20 Kinch Limited (in Voluntary Liquidation) First Respondent Not present and Not represented 25 Secretary of State for Business and Trade Second Respondent Represented by:...

30 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal was to dismiss the claims.

REASONS

1. The claimants were directors of the first respondent, which went into creditors’ voluntary liquidation on 17 October 2024. The second respondent administers 35 the Redundancy Payments Service (“RPS”) in relation to claims made to the National Insurance Fund (“the Fund”) under sections 166 and/or 182 of the Employment Rights Act 1996. The claimants each applied to the RPS for the following pa...

2. The principal issue in dispute in this case is whether the claimants were employees of the first respondent or not. It is only if they were employees that they are entitled to payments by the second respondent under sections 166 10 and 182 Employment Rights Act 1996 (“ERA”). Evidence