H Delalu v Platinum Housing Support and Care Limited — 2025

The claimant, an experienced social worker, brought a claim of unlawful deduction from wages against the respondent in respect of unpaid invoices for £900 per week per placement she had secured for the respondent's children's homes. The respondent did not respond to the claim or appear at the hearing. As a preliminary issue, the Tribunal had to determine whether the claimant was an employee or worker within the meaning of s.230 Employment Rights Act 1996, as only employees and workers can bring such a claim.

Employment Judge Rice-Birchall, sitting alone at London South by CVP on 13 November 2025, considered the written contract (which the claimant herself had drafted and which described her as an independent social worker and Professional Consultant), the invoices she issued, and her oral evidence. Applying the approach in Autoclenz v Belcher and Uber v Aslam, and considering personal service, control, mutuality of obligation and integration, the Tribunal found that the contract reflected the reality of the relationship: a commercial arrangement under which the claimant was paid commission for placements she sourced, with no contractual right of control by the respondent, no integration into the respondent's business, and freedom to work for others.

The Tribunal concluded that the claimant was in business on her own account and did not satisfy the statutory definition of an employee or a limb (b) worker. Accordingly, the Tribunal had no jurisdiction to hear the unlawful deduction from wages claim, and the claim was dismissed.