Case 1406592/2020 · Employment Tribunal
Mr G Raynes v AND Advance Accounting Solution Limited, Cobham Mission Systems Wimborne Limited — 2021
- Case reference
- 1406592/2020
- Decision date
- 2 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Livesey
Parties
2 namedClaimant
Mr G Raynes
Key findings
Tribunal's reasoningMr Raynes brought a monetary claim said to concern unpaid wages, accrued but unpaid holiday, breach of contract in relation to expenses, and matters connected with overpayment of tax and national insurance. The hearing was listed by video on 10 November 2021. The claimant objected to a video hearing shortly before the hearing date, but gave no reason for the objection and did not attend. The tribunal refused a postponement and proceeded in his absence under rule 47, taking into account the overriding objective and the absence of any witness statement, bundle, or calculation of loss.
On the merits, the tribunal said the claim form was vague and did not explain the contractual relationships said to exist with Advance Accounting Solution Limited or Cobham Mission Systems Wimborne Limited. Advance Accounting Solution Limited denied that the claimant had ever been its employee or client and described itself as an accountancy and bookkeeping business. The tribunal found there was no evidence that the claimant was a worker or employee of either respondent within the meaning of section 230 of the Employment Rights Act 1996, so it was not satisfied that it had jurisdiction for the claims as pleaded.
The tribunal also found that the claimant had adduced no evidence that he had suffered a loss of wages, that expenses were unpaid, that tax or national insurance had been overpaid, or that accrued holiday remained outstanding. For those reasons, the monetary claims were dismissed in full.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim for unpaid wages; the tribunal found the claimant had not proved he was a worker or employee of either respondent and had not proved any loss. | Dismissed | — | — |
| Holiday pay | Claim for accrued but unpaid holiday pay; dismissed for lack of evidence of an employment or worker relationship and for failure to prove loss. | Dismissed | — | — |
| Breach of contract | Claim in relation to expenses, overpayment of tax and national insurance, and notice; dismissed because the claimant did not prove the requisite contractual relationship or any loss. | Dismissed | — | — |
Legal tests applied
4 references- s.230 Employment Rights Act 1996
- rule 47
- overriding objective
- Presidential Guidance on seeking a postponement
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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