Claimant v Dotcable Africa Ltd

Outcome

Facts

The claimant, a consultant and 40% shareholder/director of the respondent, was contracted in the UK on 1 May 2019 but posted to Senegal in June 2019 for an overseas assignment initially until April 2021. He was paid salary, expenses, and accommodation allowance into a UK bank account with UK tax deductions. From March 2022, the respondent ceased paying expenses and accommodation allowance, and from March 2023 ceased paying salary. The claimant filed an ET1 in July 2023 claiming unlawful deductions and national minimum wage breaches. The respondent challenged territorial jurisdiction, arguing the claimant was a true expatriate working in Senegal.

Decision

The tribunal found it had territorial jurisdiction because the claimant was a representative of a British business abroad, paid into a UK bank account with UK tax deductions, and the respondent was registered at the claimant's UK home address. The tribunal also found the claims for expenses, accommodation allowance, and salary (March-June 2023) were in time as they formed a series of deductions. The claim for April 2022 salary deduction was time-barred. The tribunal determined that expenses and accommodation allowance fell within the definition of wages under the ERA.

Practical note

Legal authorities cited