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.

About this article

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.

About this article

Read, listen and watch our latest insights

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.

Pub
  • 07 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 1

In the first part of this three-part series, we explore why planning your exit strategy early can shape the way you build, grow, and eventually sell your business for maximum value. From mindset to strategy, we unpack how thinking about the end from the beginning can lead to smarter decisions and better outcomes.

Pub
  • 07 May 2025
  • Immigration

UK Immigration: Essential update for employers

The UK’s immigration system will see major changes in 2025. Watch our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business.

art
  • 06 May 2025
  • Corporate and M&A

Can a disclosure letter give rise to a misrepresentation claim?

Provided by a seller to a buyer, a disclosure letter is an important element in any business sale or purchase transaction.

art
  • 02 May 2025
  • Employment

Sex, Gender and the Law: What the Supreme Court’s Recent Ruling Means for Employers

The recent UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers  UKSC 16 has generated significant attention, but for most employers, we would argue that its practical impact is relatively limited—at least for now.

art
  • 29 April 2025
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

We will highlight in this article what changes have been made to the DUAB since the early stages of the Bill.