Ms A Fountain v Theatre Experiential Agency Ltd — 2023

Ms Fountain brought claims of unlawful deduction from wages and breach of contract arising from alleged unpaid work on 27 May and 3 June 2022 and a claimed commission arrangement. The tribunal heard evidence from the claimant, Mr Glenn Brighty and Mr Duncan, with limited documentary material including photographs and the respondent’s app records. It found that the respondent had agreed to pay the claimant £100 per day plus £20 travel for the Bestway shifts, and that the Mayflower Cruise Terminal commission arrangement was between Mr Brighty and the respondent, not between the claimant and the respondent.

On the unpaid-wages claim, the tribunal found on the balance of probabilities that the claimant was not at the Bestway store on 27 May and 3 June 2022, other than possibly briefly to sign in. It relied on the respondent’s check-in and check-out records, Bestway’s report that the claimant was not there, and the fact that the photograph provided for 3 June did not show Bestway’s till. Because the tribunal found she had not worked the shifts, it concluded that no wages were payable and there was no unlawful deduction.

The commission claim was also dismissed. The tribunal found that the claimant was not a party to the commission agreement and described the matter as a commercial claim arising from an agreement between Mr Brighty and the respondent. It therefore dismissed that claim as well. The judgment recorded no award of compensation or other monetary remedy.