Cases3200086/2024

Claimant v Digital Evolution Consulting (DEC) Ltd (in creditors' voluntary liquidation)

25 March 2025Before Employment Judge S ShoreEast Londonin person

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesfailed

The tribunal found that the claimant was an independent self-employed contractor, not an employee or worker of the respondent. As unlawful deduction from wages claims require employee or worker status, the claim was dismissed on jurisdictional grounds.

Facts

Ms Amankwah brought a claim for unauthorized deduction from wages against Digital Evolution Consulting (DEC) Ltd, a company in creditors' voluntary liquidation. The respondent did not attend the hearing. The tribunal heard evidence from the claimant appearing in person and examined the nature of the working relationship between the parties.

Decision

The tribunal concluded that Ms Amankwah was an independent self-employed contractor rather than an employee or worker. As a result, she had no standing to bring a claim for unlawful deduction from wages, which requires employee or worker status, and the claim was dismissed.

Practical note

Self-employed contractors cannot bring claims for unlawful deduction from wages as they lack the necessary employment or worker status under employment law.

Legal authorities cited

Case details

Case number
3200086/2024
Decision date
25 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Claimant representation

Represented
No