A Javed v National Campaigns International Limited and 3 others — 2025

The claimant brought claims for unfair dismissal and unlawful deduction from wages. The tribunal struck out the unfair dismissal claim because the claimant lacked sufficient qualifying service, so that claim had no reasonable prospect of success. The case then proceeded only on the wages claim, with the claimant appearing in person and the respondent neither present nor represented.

On the evidence of the claimant alone, the tribunal found that she began work for the respondent around 8 August 2023 as a brand partnership executive and worked under a contract to perform work personally. It accepted that she had set hours, line managers, tasks and responsibilities, and that the contractual and practical arrangements were consistent with worker status under s.230(3)(b) ERA 1996. The tribunal also noted that the respondent had not deducted tax or national insurance from payments, but gave that limited weight in light of the overall working arrangements.

The tribunal found that the claimant invoiced £1,100 for work done in November 2023 and £1,375 for work done in December 2023, and that both sums were due to be paid within 14 days of invoice but were not paid when due. It held that the non-payment of those sums formed a series of deductions for the purposes of s.13 ERA 1996, and that the claim was in time because the last deduction occurred when the December 2023 invoice remained unpaid after 22 January 2024, with ACAS Early Conciliation and the tribunal claim then presented within the extended time limits.

Applying s.24(1) ERA 1996, the tribunal held that the respondent should pay the claimant £2,025. It treated the respondent's payment of £450 on or around 12 January 2024 as part payment towards the deduction, so the order excluded that amount under s.25(3) ERA 1996. The judgment therefore records an upheld unlawful deduction from wages claim with a net award of £2,025.