Mr S Ahmed v Nybble.co.uk Ltd — 2023

Mr S Ahmed brought a claim for unauthorised deductions from wages, saying that he had worked for nybble.co.uk Ltd from 15 September 2022 as a Softwear Operator and was owed three months' wages. The respondent's case was that he had never been employed by it, and it said it had never employed the manager named in the claim form, Greg Jackson. The claim was listed for a final hearing on 3 October 2023 before Employment Judge McDonald, but the claimant and his named representative did not attend or join the CVP hearing.

The tribunal attempted to contact the claimant and his representative without success and proceeded under Rule 47 of the Employment Tribunals Rules of Procedure 2013. In a claim for unauthorised deductions, the tribunal noted that the claimant first had to establish that he was a worker of the respondent. The respondent relied on payroll and HR evidence and a witness statement from Mr Gupta, which the tribunal said corroborated its position that the claimant was not a worker and that Greg Jackson had not been employed by it. In the absence of any evidence from the claimant, the tribunal was not satisfied that he had ever been a worker of the respondent, and the claim was dismissed.