Claimant v Scott Ashley Cawthorne
Outcome
Individual claims
The tribunal found the complaint of unauthorised deductions from wages well-founded. The second respondent failed to pay the claimant £3,600 in gross wages to which he was entitled.
The tribunal found it had no jurisdiction to consider the claims for unpaid expenses and mileage because the claimant was not an employee (only a worker), and such claims require employee status.
The tribunal found the second respondent breached its duty to provide written statement of employment particulars when proceedings began, with no exceptional circumstances to prevent an award. This is a statutory claim under section 38 Employment Act 2002.
Facts
Patrick Quibell brought claims against Scott Ashley Cawthorne and Ergix Data Communications Ltd for unpaid wages, expenses, mileage and failure to provide written employment particulars. The tribunal had to determine whether the claimant was a worker or employee, and which respondent employed him. The second respondent had deducted £3,600 in wages and failed to provide written particulars.
Decision
The tribunal found the claimant was a worker (not an employee) employed by the second respondent only. The first respondent was dismissed. The unauthorised deductions claim succeeded for £3,600. The expenses and mileage claims failed due to lack of jurisdiction (worker status insufficient). The failure to provide written particulars claim succeeded, awarding two weeks' gross pay (£1,366).
Practical note
Workers cannot bring breach of contract claims for expenses and mileage in the employment tribunal as they lack employee status, even though they can claim unlawful deductions from wages.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6001257/2024
- Decision date
- 9 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- No
- Rep type
- self
Employment details
Claimant representation
- Represented
- No