Mr A Jallow Sillah v Mr M Truett — 2022

The claimant brought a claim form on 2 September 2021 after ACAS early conciliation, saying he had worked for about five weeks as a delivery driver for Rico Logistics Limited from 4 May to 20 July 2021 and had resigned. He alleged that Mr Truett was responsible for paying his wages because he acted as an intermediary with Rico, submitting the claimant's invoice and receiving his wages. Mr Truett's case was that the claimant was a self-employed contractor and, in any event, had already received all sums due to him through Mr Truett.

The unfair dismissal and redundancy payment claims had already been struck out on 19 January 2022 because the claimant had less than two years' service. The only claim left for this hearing was the claim for wages. The claimant did not attend the hearing, did not respond to the Tribunal's attempt to check whether he was having difficulty joining by video, and did not answer the Tribunal's telephone call. Mr Truett attended in person to defend the claim.

On the evidence available, the Tribunal found there was not enough to show that the claimant was a worker under contract to Mr Truett or that wages were owed by him. In light of that evidential position, and rule 47 of the Employment Tribunal Rules of Procedure, the Tribunal considered it was in the interests of justice to dismiss the claim for wages. No monetary award was made.