Claimant v Sentium Technologies Limited
Outcome
Individual claims
Tribunal found claimant was a worker (not contractor), respondent made unauthorised deduction by failing to pay pro-rated wages for 1-20 October 2023. Deduction not authorised by statute, written contract provision, or written agreement. Claimant worked 20 days in October and was entitled to £1931.78 gross.
Claimant had accrued 12 days annual leave in 4 months employment (35 days annual entitlement), took 7 days, leaving 5 days outstanding. Tribunal found contract provided for payment in lieu of accrued untaken leave on termination, consistent with worker status. Respondent failed to make this payment. Entitled to £691.15 (5 days at £138.23/day).
Facts
Claimant worked as Account Manager for respondent from 23 June to 20 October 2023. He was paid £2995 per month gross via a third-party payment system (Deel). Respondent argued claimant was a contractor engaged via his family company, but tribunal found he was a worker: he worked set hours (7am-4pm, 5 days/week) almost exclusively from respondent's London office, was supervised, provided with equipment, and entitled to 35 days paid annual leave. Claimant resigned on 17 October, last day worked 20 October. When he attempted to withdraw final pay on 15 November 2023, respondent had closed his Deel account with £0 balance, failing to pay pro-rated October wages or accrued holiday pay.
Decision
Tribunal found claimant was a worker, not a contractor, based on level of control, supervision, provision of equipment, set working hours and location. Respondent made unauthorised deductions by failing to pay pro-rated wages for 1-20 October 2023 (£1931.78) and accrued but untaken holiday pay for 5 days (£691.15). Both claims succeeded in full.
Practical note
Contractual labels (e.g. payment via limited company, use of invoicing systems like Deel) do not determine employment status; tribunals will examine the reality of the working relationship, focusing on personal service, control, integration and mutuality of obligation.
Award breakdown
Award equivalent: 3.8 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2200898/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Role
- Account Manager
- Salary band
- £30,000–£40,000
- Service
- 4 months
Claimant representation
- Represented
- No