Miss Z Gething v LDC Decorating Contractors Ltd — 2022

The claimant, Miss Z Gething, sought work from the respondent, LDC Decorating Contractors Ltd, and on 22 March 2022 Mr Clay offered her work starting the next morning in Bristol. The tribunal found that the arrangement was employment rather than self-employment, and that it included pay at £12 per hour together with transport from Halifax to Bristol, accommodation, and expenses. On 23 March 2022 the claimant travelled to Bristol with two other workers, began an eight-hour shift painting a fence at a Go Outdoors site, and later felt unwell. After telephone calls between Mr Clay and the claimant, she was told that the arrangement was not working out and that she could make her own way home.

The tribunal preferred the claimant's evidence on the balance of probabilities. It found her account consistent and supported by documentary evidence, including telephone records and the train ticket receipt. By contrast, Mr Clay's evidence was found inconsistent on material points, including whether the others were employees or self-employed, and the tribunal found him not to be a credible witness. The respondent did not pay the claimant any wages or expenses.

For the unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996, the tribunal accepted that the claimant was entitled to payment for 18.5 hours at £12 per hour, made up of 6.5 hours worked and 10 hours of travel time. That produced an amount properly payable of £198, and the tribunal held the claim well founded and ordered that sum to be paid.

For the breach of contract claim, the tribunal found that the respondent had agreed to provide a means for the claimant to return home from Bristol and to pay a £15 dinner allowance. Because the claimant had to make her own arrangements to return home after being told to leave, and incurred a £105 train fare, the tribunal found the claim well founded and awarded £120 in damages. The total monetary award was therefore £318.