Mrs K Errington v A Gray (T/a Spedlins Castle Airbnb) and D Steel

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000522/2023 5 Held in Glasgow via Cloud Video Platform (CVP) on 20 February 2024 Employment Judge L Doherty Mrs Kirsty Errington Claimant 10 Represented by: Mr F Marshall -

CAB Amanda Gray First Respondent 15 Represented by: Mr J Steel - Lay Representative Daisy Steel Second Respondent 20 Represented by Mr J Steel

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that: 25 (1) The claimant was an employee and; (2) The claimant was employed by Amanda Gray trading as Spedlins Castle Air B&B and; (3) The second respondent is dismissed from the proceedings.

REASONS 30 1. This was an Open Preliminary Hearing (OPH) to determine two issues. Firstly, the identity of the claimant’s employer. It was the claimant’s position that she was employed by Amanda Gray and Daisy Steel, trading as Spedlins Castle Air B&B (Spedlins Castle). It is the respondent’s position that the claimant was employed by Amanda Gray trading as Spedlins Castle. 8000522/2023 Page 2

2. The second issue is whether the claimant was an employee. It is accepted that the claimant is a worker. Determination of this point is relevant to consideration of the claimant’s complaints of breach of contract (failure to pay notice pay); failure to provide terms and conditions of employment; and 5 automatically unfair dismissal under Section 100 of Employment Rights 1996 (the ERA).