The Caledonian Bar Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100275/2025 Held in Glasgow on 28 July 2025 Employment Judge L Wiseman Mr S O’Donnell Claimant In Person The Caledonian Bar LtdRespondent Represented by: Mr D Carroll - Owner JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Tribunal decided to dismiss the claim. REASONS 1. The claimant brought a claim in respect of unfair dismissal and payment of holiday pay. 2. The respondent entered a response asserting the claimant had been self- employed since April 2023 and therefore not entitled to proceed with the claim. 3. I heard evidence from the claimant and I was referred to a small number of documents. It became apparent during the claimant’s evidence that he had been paid cash-in-hand for the hours he worked. I advised both parties that I considered there may be an illegal contract and I gave them time to consider their position. The claimant subsequently confirmed he wished to proceed with the claim. I advised both parties this was not possible and I could only proceed to determine whether any contract in place was tainted by illegality. 4. Mr Carroll proceeded with cross examination of the claimant regarding the issue of the nature of the contract in place. I made the following material findings of fact. 4100275/2025Page2 Findings of fact 5. The claimant commenced employment with the respondent on May 2022. The claimant was employed as a Bar Manager. 6. The claimant was paid £12 per hour and his pay, subject to tax and national insurance, was paid direct into the Bank. 7. The claimant, in early 2023, had discussions with Mr Carroll, regarding a pay rise. It was agreed the hourly rate would rise to £15 and the claimant was given the option of staying on the books or coming off the books. 8. Mr Carroll sent the claimant a message on the 3 April 2023 (document R, B22) in which he stated: “Do you...