In person For the v Mr A Aleksandridis — 2019

The claimant brought a claim for itemised payslips, saying he had worked for the respondent between 5 April 2018 and 4 May 2019 and had not received payslips for two periods. The respondent said the claimant was employed only between 5 April 2018 and 5 October 2018 and that later payments were made by mistake after he stopped working for them.

Employment Judge E Burns held that the claimant worked for the respondent as a self-employed sole trader. The respondent had made deductions for tax and Class 4 National Insurance under the Construction Industry Scheme, and the claimant produced an HMRC letter dated 25 April 2018 confirming he was registered as a subcontractor sole trader. The claimant accepted that he was self-employed.

On that basis, the tribunal found that the claimant was neither a worker nor an employee for the purposes of sections 8, 11 and 230 of the Employment Rights Act 1996, so it had no jurisdiction to consider the claim under section 11(1)(b). The tribunal noted that the evidence suggested the claimant continued to receive payments after 5 October 2018, but it made no finding on that issue because jurisdiction was lacking. It recommended that the parties speak to each other to try to resolve the matter if possible.