Claimant v Ivory Cottage Limited (in voluntary liquidation)
Outcome
Individual claims
The tribunal determined it did not have jurisdiction to hear the claim because the claimant was found to be neither an employee nor a worker of either respondent at the relevant time. Without employee or worker status, the claimant could not bring a claim for unlawful deductions from wages under the Employment Rights Act 1996.
Facts
Mr Marsh brought claims against two companies, Ivory Cottage Limited (in voluntary liquidation) and Attenti Consulting Services Limited, for unlawful deductions from wages. The case proceeded to a preliminary hearing to determine the claimant's employment status with both respondents.
Decision
The tribunal dismissed the claim on jurisdictional grounds, finding that Mr Marsh was neither an employee nor a worker of either respondent at the relevant time. Without the requisite employment status, the tribunal had no jurisdiction to hear an unlawful deduction from wages claim.
Practical note
Employment status is a jurisdictional prerequisite for wage deduction claims - self-employed individuals cannot bring claims under the Employment Rights Act 1996.
Legal authorities cited
Case details
- Case number
- 1300498/2024
- Decision date
- 14 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No