Mr J R J Scott v Ryedale Logistics Ltd (York) — 2022

Mr Scott brought a claim for unauthorised deductions from wages against Ryedale Logistics Ltd (York). The respondent accepted that it had withheld wages, but said it was entitled to do so under the self-employed services contract by way of offset against alleged damage to a van. The tribunal first had to decide whether the claimant was a worker for the purposes of the Employment Rights Act 1996, because that question determined jurisdiction under the wages provisions.

The tribunal found that, despite the contract describing the arrangement as self-employed, the reality of the working relationship showed worker status. It noted that the respondent set the pay rates, provided uniform, fuel, training and equipment, and that the text messages showed the claimant needed to seek permission for time off and could not simply withdraw his availability at short notice. The tribunal relied on the approach in Autoclenz and Uber and concluded that there was a contract, personal service, mutuality of obligation and sufficient control by the respondent.

On the deduction issue, the tribunal accepted that the claimant had not been paid and that £340 of wages was being withheld. It rejected the respondent's reliance on paragraph 10 of the contract, finding that the term was too vague and too widely drafted to authorise the deduction for damage in the circumstances, and that it did not clearly state that such sums were to be recovered by deduction from wages. The tribunal also found there was no evidence of written agreement or consent by the claimant before the deduction was made.

The tribunal therefore upheld the unlawful deduction from wages claim and ordered the respondent to pay £340. It rejected the claimant's additional request for £600 said to have been incurred for solicitor's costs, finding that sum was not directly attributable to the deduction. The tribunal also found there were no aggravated features within s.12A of the Employment Tribunals Act 1996 and made no penalty order to the Secretary of State.