Did Not Attend For the v Mrs G Carlton — 2020

The claimant brought a monetary claim for unlawful deduction from wages. The respondent denied the claim. The hearing took place remotely on the papers. The claimant did not attend, and his application for a postponement was refused. Mrs Grace Carlton attended for the respondent and gave evidence, which the tribunal accepted.

The tribunal found that the respondent engaged the claimant, a chef, as a relief chef on 13 July 2019 on a self-employed basis at £18 per hour, with accommodation also provided. After he started work, complaints were made about the food, and the respondent refunded six groups of diners. The tribunal accepted Mrs Carlton's evidence that the relationship was terminated after about an hour because the situation was immediately unsustainable.

Although the claimant was not an employee, the tribunal found that he was a worker within section 230(3) of the Employment Rights Act 1996 and so could bring a claim under sections 13 and 23. It held that he had worked for one hour and was entitled to be paid for that hour, but he was not entitled to recover for the additional hours claimed on his invoice because those hours had not been worked.

The claim therefore succeeded only in part, and the respondent was ordered to pay the claimant the gross sum of £18.00.