Case 4110725/2019 · Employment Tribunal
Mr S Hunter v Not present or represented ABG Transport Services Ltd — 2019
- Case reference
- 4110725/2019
- Decision date
- 27 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McFatridge
- Venue
- Dundee
Parties
2 namedClaimant
Mr S Hunter
Key findings
Tribunal's reasoningMr S Hunter brought a claim against ABG Transport Services Ltd alleging unlawful deduction from wages. The respondent denied liability and maintained that the claimant was not a worker or employee but an independent self-employed contractor. It also raised a preliminary issue about the identity of the respondent named in the claim, although the address used matched the respondent firm.
The hearing was listed as a preliminary hearing on employment status and respondent identity. The claimant did not attend and could not be reached on the mobile number provided; the landline contact reached his father, who said the claimant was not there. The tribunal waited briefly, then proceeded in his absence under rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
On the material before it, including a signed agreement stating that the arrangement was "not a contract of employment but a contract for services," the tribunal concluded that it did not have jurisdiction because the claimant was neither an employee nor a worker within the Employment Rights Act 1996. The claim was therefore dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim was for unlawful deduction of wages. The tribunal found it did not have jurisdiction because, on the documents before it, the claimant was neither an employee nor a worker and the signed agreement described the relationship as a contract for services. | Dismissed | — | — |
Legal tests applied
2 references- regulation 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- employee or worker status under the Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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