Mr Hisam Elboghdady v RAA Couriers Ltd — 2024

Mr Hisam Elboghdady brought a claim against RAA Couriers Ltd for unlawful deductions from wages. Although he had signed a Contract for Services dated 28 November 2023 that described him as self-employed, the tribunal found that the reality of the arrangement made him a worker for the purposes of the Employment Rights Act 1996. The claimant delivered parcels for the respondent using a van supplied by the respondent, was given a fuel card, was told where and what to deliver, and was included in a WhatsApp group. The tribunal relied on the statutory worker test and authorities including Autoclenz and Uber, and held that section 203 ERA 1996 prevented inconsistent contractual wording from defeating worker status.

The tribunal found that the claimant was entitled to the Inverness supplement of £71.75 per day when he worked in Inverness and stayed overnight in a hotel paid for by the respondent. It accepted the claimant's evidence that the supplement had been promised and rejected the respondent's case that it was discretionary. The tribunal also found that the claimant worked on 31 December 2023 and was not paid for that day. It was satisfied that the sums due had not been paid when due.

The respondent sought to justify set-off against wages by reference to a £150 hotel cleaning fee, a £200 fuel card sum, alleged late return of the van, and an alleged £2,000 repair cost. The tribunal held that these matters did not fall within sections 13 and 14 ERA 1996 as deductions from wages, and it was not satisfied that any loss had been proved on the evidence. It therefore upheld the claim and awarded £558.75 gross, made up of £358.75 for five unpaid Inverness supplement days and £200 for the unpaid 31 December 2023 work.