Dan worked for Hairy Jakes' Pancake Hut in Kew as a delivery driver. He mostly delivered wedding cakes to venues and occasionally transported other food to venues when Hairy Jakes' Pancake Hut catered for an event. Dan owns his own truck and is responsible for the maintenance and running costs of the truck. He also has insurance over the truck.

Dan and Hairy Jakes' Pancake Hut has never entered into a written agreement. Their working relationship came about when Dan used to work for Hairy Jakes' Pancake Hut as a casual server who now and then took out deliveries to clients. Dan mentioned to his manager in 2019 that he considered purchasing his own cold storage truck and asked whether he could count on Hairy Jakes' Pancake Hut's continued support if he did. His manager at the time verbally agreed. Dan resigned as a server and took up deliveries full time.

In 2019, Dan worked exclusively for Hairy Jakes' Pancake Hut. However, during the Covid-19 lockdowns, the wedding cake and catering business virtually came to a halt and Dan received almost no delivery orders from Hairy Jakes' Pancake Hut. Dan started making food deliveries for Deliveroo and others to keep food on the table. However, he prefers the regular hours and consistency of working with Hairy Jakes' Pancake Hut and always intended to mainly work for them once things returned to normal.

Hairy Jakes' Pancake Hut is back in the wedding cake and catering market and doing well. However, the Kew branch has a new manager, and it is now using another provider for deliveries.

You are the HR officer responsible for the Kew branch of Hairy Jakes' Pancake Hut. Dan has sent you an email claiming that he is owed backpay for superannuation and leave, not paid to him since 2019, until his dismissal in 2022.

Consider whether Hairy Jakes' Pancake Hut is liable for these payments.