Claimant v Crystal Chambers

Outcome

Facts

Romanian claimant worked at immigration legal services offices from 2017-2022, claiming she was paid £150 per week cash for 40 hours work, well below national minimum wage. She worked initially for second respondent Cohesion, then claimed her employment transferred to first respondent Crystal Chambers in late 2021. Third respondent Mr Sheikh paid her throughout and she worked under his instruction. No written contract existed. Claimant claimed Universal Credit on self-employed basis from May 2020. She brought claims for unlawful deductions and holiday pay but withdrew them during a strike-out hearing, citing inability to afford legal representation.

Decision

This was a judgment on costs applications by all three respondents after claimant withdrew her claim. Tribunal refused all costs applications, finding the threshold conditions under rule 74(2)(a) and (b) not met. The claim was not so weak or hopeless that it had no reasonable prospect of success. Key factual disputes about employment status, working hours, and TUPE transfer required hearing evidence. Time limit issues also required hearing claimant's explanation. Claimant's receipt of Universal Credit on self-employed basis was relevant but not decisive without hearing her evidence.

Practical note

Legal authorities cited