Emmanuella Okha v 9Bills — 2025

The claimant worked for the respondent as a social media assistant from 16 September 2024 until 19 November 2024 under a written contract providing for 10 hours per week at £13.15 per hour, described as equating to a monthly figure of £569.83. The tribunal found the claimant was a worker rather than an employee, having autonomy over when and how she worked, producing her own invoices, and being responsible for her own tax. On that basis the breach of contract/notice pay claim could not be brought before the tribunal, and in any event pay in lieu of notice did not fall within the statutory definition of 'wages'.

On the unauthorised deductions from wages claim, the tribunal accepted the respondent's construction of the contract: payment was due for hours actually worked at £13.15 per hour, not as a guaranteed fixed monthly sum. For the first month the claimant had worked 25 hours and been paid accordingly, so no deduction arose. For the second month (19 October to 19 November 2024) the tribunal found on the balance of probabilities that the claimant had done 20 hours of work for which she had not been paid, amounting to an unauthorised deduction of £263.

The tribunal declared the deductions claim well-founded and ordered the respondent to pay the claimant £263 gross, with the claimant responsible for any tax or National Insurance. No interest was awarded as the tribunal has no power to award interest as a component of an unauthorised deductions award, though statutory interest accrues on unpaid awards after 14 days.