Ms L Thorpe v ThoBow Business Limited — 2022

Ms Thorpe brought a claim for unpaid wages covering 1 January to 3 April 2022. The tribunal accepted the respondent’s late response and allowed her amendment to extend the claim to 3 April 2022. The only issue determined was whether she was a worker entitled to be paid wages for that period, and whether the non-payment was an unauthorised deduction.

The tribunal found that there was a contract between the parties, although there was no written contract. It accepted that the claimant had been paid £790 a month through the respondent’s payroll since 2016, that the payment was made in return for services she provided or undertook to provide, and that the parties intended her to be an employee and therefore a worker. The tribunal also found that she carried out work personally, could not send a substitute, and was not providing services to the respondent as a client or customer of her own business.

On the facts, the tribunal found that the claimant’s engagement continued until her resignation took effect on 3 April 2022. It accepted that, apart from periods of furlough, she remained ready, willing and able to work during the claim period, and that the respondent had not taken steps to terminate the arrangement earlier. The tribunal concluded that her wages for the claim period were properly payable and that the failure to pay them was not authorised by statute, contract, or written consent.

The tribunal held that there had been an unauthorised deduction from wages under section 13 ERA 1996. It awarded the claimant £1,878 gross, made up of £790 for January 2022, £790 for February 2022, £790 for March 2022, and £78 for three days’ pay for 1 to 3 April 2022, subject to tax and NI deductions.