Michael Hilton v Power Networks Group & Manila General Services (Dissolved) — 2024

The claimant brought a claim for unauthorised deduction from wages, saying it related to unpaid wages of £85,500 from November 2019 onwards. A separate breach of contract claim concerning unpaid loans was withdrawn before judgment and was not dismissed. The tribunal heard from the claimant only; the respondent did not attend.

The tribunal found the claimant's account of who employed him had changed between the ACAS certificate, the ET1, and his oral evidence. It accepted that the ACAS certificate named Power Networks Group & Manila General Services, but the claimant said that company was dissolved. In the ET1 he named Eduardo Sese Caunca and said he had been employed by Mr Caunca since 17 May 2017, whereas in oral evidence he said he had been employed by Power Networks (GB) Limited from May 2017 to November 2019 and then continued working for Mr Caunca after November 2019.

Looking at the bank statements and correspondence, the tribunal found that payments labelled "pay", "payment" and once "loan rep" did not establish that they were wages. It also noted the absence of payslips and the absence of documentary evidence of the claimed emails confirming payment of wages. On the evidence, it was not satisfied that the claimant had worked under a contract of employment or contract of service with Power Networks (GB) Limited or with Mr Caunca after November 2019. It also found no sufficient control or other features consistent with an employer/employee relationship, and noted the claimant's own evidence that his post-November 2019 work was for Power Networks Holdings Limited, of which he was the sole director.

Because the tribunal concluded there was no relevant contract with Mr Caunca, it did not need to decide whether the claimant was a worker or whether there had been an unauthorised deduction from wages. The claim for unauthorised deduction from wages was held not well founded and was dismissed. No monetary award was made.