“Self-employed” counsellors at London’s largest domestic violence charity are workers

The London Central Employment Tribunal has decided that four counsellors engaged by Solace Women’s Aid on a “self-employed” basis are actually “workers” who are entitled to important employment protections such as the right to paid annual leave, protection against detriment for trade union activity, and whistleblowing protection.  

Solace Women’s Aid is London’s largest provider of services to violence against women and girls (“VAWG”). The claimants, one of whom worked for the charity since 2012, had been contracted to provide counselling services on a “self-employed” basis. The charity’s decision to treat the counsellors as self-employed meant that, although they were entitled to take holiday, it was unpaid.    

The counsellors contended that Solace exercised a significant level of control over their working practices, including setting their rate of pay and requiring compliance with the charity’s policies and code of conduct. In response, Solace argued that the counsellors were in business on their own account and that the charity was merely the client of their business undertaking.

An Employment Judge accepted that the counsellors fell within the statutory definition of “workers” and were entitled to bring claims for unpaid holiday pay.

While worker status in the gig economy has been the focus of media attention in recent years, it is widespread practice in other sectors, including the charity sector, to provide vital services through the use of “self-employed” contractors.

The case will now proceed to a remedy hearing to determine the claimants’ entitlement to unpaid holiday pay, which in one case stretches back to 2012. The Court of Appeal’s recent judgment in Pimlico Plumbers established that a worker’s entitlement to take 4 weeks “Euro Leave” (derived from the EU Working Time Directive) accrues annually and can be carried forward indefinitely until it is taken or the employment ends, at which point the worker will be entitled to be paid in lieu of all accrued holiday. Employers who continue to rely on complex contractual arrangements to misclassify their workers as “self-employed” could face hefty holiday pay liabilities if they fail to modify their practices.

Cormac Devlin acted pro bono for the claimants, instructed by United Voices of the World trade union. A copy of the judgment is available on request from the clerks.