Mr Scott Maschinsky v Graham McNab — 2024

The claimant brought a claim for arrears of pay in the sum of £1,360. The respondent did not lodge an ET3 response and did not appear at the hearing. On the evidence from the claimant, the tribunal found that he had been engaged by the respondent to deliver parcels for Yodel from 1 November 2023, using a van provided by the respondent and being paid £1 per parcel delivery less a £5 weekly deduction for the van.

The tribunal concluded that the claimant had worker status for the purposes of section 13 of the Employment Rights Act 1996. It accepted the claimant's account of the work done and the calculations showing that £1,360 was due. The claimant had been paid £156 for work done to 29 November 2023 and later received a further £50, but no further wages were paid despite requests. The respondent gave an explanation about damage to the van and delay in payment, but there was no counterclaim and no evidence before the tribunal to justify withholding the balance.

The tribunal found that the complaint was well founded and ordered the respondent to pay the claimant £1,360 in respect of the unlawful deduction from wages.