Mr J Grzegorzewicz v FJ Poole Ltd T/A Lis Chinese — 2025

Employment Judge Rayner sitting at Southampton on 27 and 28 May 2025 determined the claimant's employment status as a worker within the meaning of section 230 of the Employment Rights Act 1996, finding he was neither an employee nor a self-employed contractor. The tribunal dismissed the claimant's complaint of unauthorised deductions from wages and his breach of contract claim, finding neither was well-founded.

The tribunal upheld the claimant's holiday pay complaint, finding the respondent had made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when the claimant's engagement ended, and ordered the respondent to pay £1,176.82. The tribunal also found that at the commencement of proceedings the respondent was in breach of its duty to provide a written statement of employment particulars, with no exceptional circumstances making an award unjust or inequitable.

Applying section 38 of the Employment Act 2002, the tribunal considered it just and equitable to award an amount equal to four weeks' gross pay, namely £600.00. The total sum payable to the claimant by the respondent is £1,776.88, with the claimant responsible for any tax or National Insurance.