Mr A Haile v UK Solutions Ltd — 2020

Mr A Haile presented claims for unfair dismissal and unlawful deduction from wages arising from the end of his relationship with UK Solutions Ltd on 29 January 2020. The tribunal held that the unfair dismissal claim could not proceed because he had started the relevant period of employment on 12 December 2019 and therefore did not have the two years' continuous service needed for unfair dismissal rights.

The tribunal then considered whether Mr Haile was a worker for the purposes of the wages claim. It found there was a contract between the parties, that the agreement was drafted by the respondent with no negotiation of terms, that the claimant did not supply his own equipment in the relevant sense, and that the substitution clause was limited and conditional. On that basis, and taking account of the respondent's control and the claimant's subordinate position, the tribunal concluded that he was a worker and that it had jurisdiction under Part II of the Employment Rights Act 1996.

On the deduction issue, the tribunal accepted that the departure agreement showed sums of £17.74 for week 03, £87.77 for week 04, and the return of a £350 deposit, making £455.51 in total. It rejected the respondent's attempt to set off £1,000 said to arise from a vehicle rental/hire agreement, holding that this was not authorised by the services agreement and that the respondent had not shown the event justifying the deduction had occurred. The tribunal made no finding on whether the claimant might be liable in contract or tort in a civil court, but held that the amount could not be deducted from his pay and awarded £455.51.