In person For v Respondent — 2019

The tribunal amended the respondent's name to LJB Management and Recruitment Service Limited trading as LJB & Company. It recorded that the claimant's race discrimination, whistleblowing and unpaid annual leave claims were withdrawn at a preliminary hearing on 12 April 2019, and it refused an application to amend the case to add unpaid holiday pay.

The remaining issue was the claimant's allegation of unlawful deduction of wages. The tribunal heard evidence that he worked on a refurbishment project for OD Interiors first as a banksman/first aider and later as foreman, was paid through payroll companies, and chose his own hours and holidays. It found he used his own equipment, was not controlled by LJB, and was not integrated into LJB's organisation.

Applying s.230 ERA 1996 and s.13(3) ERA 1996, and considering the contractual documents and the authorities it cited, the tribunal found there was no employee or worker relationship between the claimant and LJB and no contractual relationship with LJB. It found the deductions complained of were made by Claymore and then Navigate, which were the companies with which the claimant was contractually engaged, so the unlawful deduction claim failed. The tribunal also said that even if a holiday pay claim had been pursued, it would not have succeeded on the material before it. No monetary award was made.