Search

How can we help?

Icon

Unofficial work before start date not counted towards continuous employment

In O’Sullivan v DSM Demolition Ltd, the Claimant’s contract of employment recorded a start date of 2 November 2015, and he first appeared on the Respondent’s payroll and worksheets from this date.

However, the Claimant had completed some work for the Respondent in the week commencing 26 October 2015 and received £100 cash in hand from an employee of the Respondent for this work.

Following his dismissal on 27 October 2017, the Claimant alleged he had been unfairly dismissed, but it was held that he did not have sufficient service to bring the claim.

The Claimant appealed on the grounds that his employment had started on 26 October 2015, not 2 November 2015 as the ET had found.

This case highlights the importance of a clear start date when bringing claims to the ET.

The EAT dismissed the Claimant’s appeal and held that the ET had been entitled to find the work performed in the week of 26 October was “unofficial”, based on the documentary evidence above, the fact the Claimant was not paid the £12/hour rate for this work, and the fact the Respondent’s client had not been charged for the Claimant’s work in that week.

This case highlights the importance of a clear start date when bringing claims to the ET.   It is important to be aware that employers agreeing to ‘off the books’ working without tax and national insurance properly deducted and paid risk very substantial penalties.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 27 March 2026
  • Corporate and M&A

Shareholder Disputes: What to do when disputes arise – Episode 4

Join Stuart Mullins and Jack Hobbs for episode four of our Shareholder Disputes podcast series as they confront the realities of shareholder fallouts and share practical strategies for managing these complex situations.

art
  • 24 March 2026
  • Immigration

Spouse Visa – Is your relationship genuine and subsisting?

For years many couples have become frustrated by the requirements for a spouse visa as the rules and guidance are difficult to understand. A significant amount of applications are rejected on the basis of the applicant not providing the adequate documents to evidence the relationship requirement.

art
  • 20 March 2026
  • Corporate and M&A

Drag-Along & Tag-Along Rights: Why Every Company Needs Them

When starting a company, very few founders are aware of the potential issues around shares, share ownership and the implications of that when selling their company.

art
  • 19 March 2026
  • Privacy and Data Protection

WhatsApp in the Workplace

This article explores the potential risks of using WhatsApp for workplace communications, the implications for GDPR compliance and under UK legislation, and provides practical tips for employers to mitigate these risks.

art
  • 16 March 2026
  • Employment

Trade Union Law Changes from April 2026

April brings the next tranche of reforms under the Employment Rights Act 2025 including changes to the statutory recognition scheme making it easier for trade unions to be recognised in the workplace.

Pub
  • 16 March 2026
  • Corporate and M&A

Shareholder Disputes: Managing Shareholder Buyouts and Exits – Episode 3

Join Stuart Mullins and Nicky Goringe Larkin for the third episode of our Shareholder Disputes series, where we move from prevention to resolution—exploring what happens when a founder’s exit becomes unavoidable.