Treece Harris v Christopher Adamson and 1 other — 2023

The tribunal found that the Claimant worked for the 1st Respondent at an agreed hourly or daily rate. Although there was no written employment contract and no payslips, the tribunal found that the Claimant was employed, not self-employed, because he worked where and when directed, worked full time, had no other work, did not invoice, and used tools and materials provided by the 1st Respondent.

The 1st Respondent withheld wages after a dispute with the Claimant's father about separate building work. The tribunal found that any dispute between the 1st Respondent and the Claimant's father was immaterial and gave the 1st Respondent no right to withhold the Claimant's wages.

The tribunal accepted the Claimant's evidence and calculation that he was still owed £1,752 for August work and £60 for overtime, making £1,812 outstanding. Because the 1st Respondent had been declared bankrupt, the tribunal ordered the 2nd Respondent to pay that sum, subject to statutory limits.