A journalist who worked for a leading daily newspaper on a casual basis has won a tribunal case over his right to holiday pay.

Freelance David Walsh had worked for Scotsman Publications Ltd for a number of years  but requests for holiday pay were refused on the grounds that he was self-employed.

With the backing of the National Union of Journalists, David took his case to an employment tribunal which awarded him £8,360 in compensation.

The union has hailed the decision as an “important victory” and claimed it could have implications for other freelances who work for newspapers on a casual basis.

According to a press releaae issued by the union, the company had relied on its standard freelance contract, which states that the freelance is self-employed and an independent contractor.

The tribunal ruled that the reality of the working relationship was different, and that David met the statutory definition of ‘worker’ and as such was entitled to paid holidays.

The Scotsman Publications Ltd was a subsidiary of Johnston Press  and was the holding company of The Scotsman, Scotland on Sunday and the Edinburgh Evening News.

Although the newspapers in question have since been transferred to JPIMedia as part of the pre-pack sale of JP last autumn, TSPL is technically in administration, meaning the compensation will need to be recovered from the National Insurance Fund.

John Toner, the NUJ’s national organiser for Scotland, welcomed the judgment, saying: “We were always confident that Mr Walsh was a ‘worker’, and that the agreement did not reflect the reality of the working relationship.

“The agreement is still in use by JPIMedia, and this judgment is likely to have implications for freelances who work for that company on a casual basis. The NUJ would welcome the opportunity to negotiate a more appropriate agreement. ”

JPIMedia has declined to comment.