Claimant v 9Bills

The tribunal found the claimant was a worker entitled to protection. During the second month (19 October to 19 November 2024), the claimant performed 20 hours of work at £13.15 per hour, totalling £263. The respondent failed to pay this sum in accordance with the contract, constituting an unauthorised deduction from wages under s.13 ERA 1996.

The claimant claimed notice pay, but the tribunal found: (1) the parties reached mutual agreement to end the relationship on 8 November 2024 with termination on 19 November 2024, so no breach occurred; (2) the claimant was a worker, not an employee, and therefore lacked standing to bring a breach of contract claim for notice pay; (3) any pay in lieu of notice does not constitute 'wages' under Delaney v Staples and cannot be claimed as unauthorised deductions.

The claimant claimed the difference between her first month's payment (£328.75 for 25 hours) and the monthly amount of £569.83. The tribunal found the contract provided for payment per hour worked, not a guaranteed monthly salary. The claimant's invoice for the first month operated as her consent to payment for actual hours worked under s.13 ERA 1996, so no unauthorised deduction occurred.