Mrs P Mountford v Real Care Group Limited — 2022

Mrs Mountford alleged that she worked for Real Care Group Limited for 14 days in July and August 2021 and had not been paid for that work. The respondent said she was not an employee or worker, that £375 gross had been paid for contact data, and that any later arrangement was freelance and only payable on successful placements.

Employment Judge Bright preferred the claimant’s account of the discussions with ND and gave little weight to ND’s written witness statement. The tribunal found that ND, described as Branch Manager, had apparent authority to contract on the respondent’s behalf, and that the arrangement concluded with the claimant was for personal services as a recruitment consultant at £125 gross per day. The tribunal held that the claimant was a limb (b) worker within section 230 ERA 1996, working for the respondent rather than as a client or customer of her own business.

On the facts found, the claimant worked 17 days in total and had been paid only £375 gross, which covered 3 days. The tribunal held that wages of £1,750 gross were properly payable for the remaining 14 days, and that the respondent had not paid those wages. Because the claimant had not agreed in writing to any deduction, the shortfall was an unauthorised deduction from wages within section 13 ERA 1996. The respondent was ordered to pay £1,750 gross.