Mr S Martin v Zoon Link Ltd Heard via Cloud Video Platform in the North East Region — 2022

Mr S Martin brought proceedings against Zoon Link Ltd on 28 July 2022 after early conciliation. The original claim included unfair dismissal, breach of contract and unlawful deduction from wages. The tribunal records that the unfair dismissal claim was struck out by a judgment sent on 26 September 2022 and the breach of contract claim was struck out by a judgment sent on 4 January 2023.

At a preliminary hearing on 3 January 2023, Employment Judge Maidment identified that the only outstanding claim was unlawful deduction from wages in the sum of £4,500. The final hearing took place by Cloud Video Platform on 20 April 2023. The claimant did not attend, did not send documents or witness statements, and was not represented. The tribunal proceeded in his absence under Rule 47 after waiting until 2.20pm.

On the evidence of Mr C Buck, the respondent was a recruitment company that introduced the claimant to a role with a client at Rolls Royce. The tribunal found that the respondent did not enter into a contract with the claimant. The arrangement was that the claimant was contracted to and paid by Nasa Umbrella Limited, which was not a party to the proceedings.

The tribunal held that the claimant was neither an employee nor a worker of the respondent for the purposes of an unlawful deduction from wages claim under the Employment Rights Act 1996, relying on the definitions in section 230. It found that he had no contract with the respondent and had not performed work at Rolls Royce because he did not pass the required security clearance. The unlawful deduction from wages claim therefore failed and was dismissed.