Claimant v Sans Pareil Clothing Limited
Outcome
Individual claims
The claim for wrongful dismissal (notice pay) failed because the tribunal found the claimant was a worker but not an employee. Wrongful dismissal claims require employee status.
The claim for a redundancy payment failed because the tribunal found the claimant was a worker but not an employee. Statutory redundancy pay requires employee status.
The tribunal found the complaint of unauthorised deductions from wages was well-founded. The respondent failed to pay the claimant nine months' wages at £1,048.00 per month, totalling £9,432.00.
Facts
The claimant, Mr Bamber, brought claims against Sans Pareil Clothing Limited for wrongful dismissal, redundancy pay, and unauthorised deductions from wages. The respondent did not participate in the hearing. The tribunal determined that the claimant was a worker but not an employee of the respondent. The claimant had not been paid nine months' wages at £1,048.00 per month.
Decision
The tribunal found that the claimant's wrongful dismissal and redundancy pay claims failed because he was a worker, not an employee. However, his claim for unauthorised deductions from wages succeeded. The tribunal extended time for the wage claim and ordered the respondent to pay £9,432.00 representing nine months' unpaid wages.
Practical note
Worker status is sufficient for wage claims but not for wrongful dismissal or statutory redundancy pay, which require employee status.
Award breakdown
Legal authorities cited
Case details
- Case number
- 6021471/2024
- Decision date
- 14 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No