The Claimant was a volunteer in the Coastal Rescue Service and the claim before the Tribunal was for refusal to permit the Claimant to be accompanied by a trade union representative at a disciplinary hearing: this support was only allowed if he was a limb b) worker. The ET found there was no contract between the parties as a matter of construction.
In this judgment, Gavin Mansfield KC, sitting as a Deputy High Court judge finds the ET erred in its analysis as there was a clear right to remuneration in respect of many activities, and it was irrelevant that the Claimant had to submit a claim for payment and that many volunteers in practice did not do so and plainly a contract existed. The appeal was allowed and a decision was substituted that the Claimant was a worker when he attended activities for which he remunerated.