Claimant v ISW Assessments Ltd
Outcome
Individual claims
The tribunal found that the claimant was not an employee or worker within section 230 of the Employment Rights Act 1996. Without worker or employee status, the tribunal had no jurisdiction to hear the complaint of unauthorised deduction from wages. The claim was therefore dismissed.
Facts
Mr Maxwell brought a claim for unauthorised deduction from wages against ISW Assessments Ltd. The hearing was a preliminary hearing held remotely by CVP to determine his employment status and the tribunal's jurisdiction. Mr Maxwell represented himself while the respondent was represented by Mr Rahman, a legal advisor.
Decision
Employment Judge Thompson sitting alone found that Mr Maxwell was not an employee or worker within the meaning of section 230 of the Employment Rights Act 1996. As a result, the tribunal had no jurisdiction to hear the complaint of unauthorised deduction from wages and the claim was dismissed.
Practical note
Without establishing worker or employee status under ERA 1996 section 230, a claimant cannot pursue a claim for unauthorised deduction from wages, as the tribunal lacks jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6017690/2024
- Decision date
- 24 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No