Cases→4105566/2024

Claimant v National Campaigns International Limited T/A Oceanic Group

6 January 2025Before Employment Judge P McMahonScotlandin person

Outcome

Claimant succeeds£2,025

Individual claims

Unfair Dismissalstruck out

Struck out on the grounds that it had no reasonable prospect of success in the circumstances that the claimant lacked sufficient qualifying service to make such a claim.

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent failed to pay wages of £1,100 for November 2023 and £1,375 for December 2023, totalling £2,475. These payments were due within 7-14 days of invoice submission but were not paid, constituting a series of unlawful deductions under s.13(1) ERA 1996.

Facts

The claimant worked as a brand partnership executive for the respondent from August 2023 to January 2024 on a part-time basis. She was engaged as a 'contractor' paid by invoice based on hours worked. The respondent failed to pay £1,100 for November 2023 work and £1,375 for December 2023 work, despite the claimant submitting invoices. The respondent paid £450 in January 2024 without explanation. The claimant raised a grievance which was not resolved, and the respondent did not attend the tribunal hearing.

Decision

The tribunal found the claimant had worker status under s.230(3)(b) ERA 1996 despite the 'contractor' label. The respondent made a series of unlawful deductions from wages totalling £2,475. After deducting the £450 already paid, the tribunal ordered the respondent to pay £2,025 gross to the claimant. The unfair dismissal claim was struck out for lack of qualifying service.

Practical note

Contractual labels such as 'contractor' and self-employed tax arrangements do not determine employment status; tribunals will look at the substance of the relationship, particularly whether there is an obligation to perform work personally in a subordinate position.

Award breakdown

Unpaid wages£2,025

Legal authorities cited

Delaney v Staples [1992] ICR 483Taylorplan Services Ltd v Jackson [1996] IRLR 184Group 4 Nightspeed Ltd v Gilbert [1997] IRLR 398Bear Scotland Ltd v Fulton [2015] ICR 221Chief Constable of PSNI v Agnew [2023] UKSC 33Manning v Walker Crips Investment Management Ltd [2023] ICR 1265Robertson v Blackstone Franks Investment Management Ltd [1998] IRLR 376Autonomy Systems Ltd v Cuddington EAT 0854/02Miller v Minister of Pensions [1947] 2 All ER 372Uber BV v Aslam [2021] UKSC 5

Statutes

ERA 1996 s.23(3)ERA 1996 s.207B(3)ERA 1996 s.207B(4)ERA 1996 s.24(1)ERA 1996 s.230(3)ERA 1996 s.25(3)ERA 1996 s.27(1)ERA 1996 s.13(1)ERA 1996 s.13(3)ERA 1996 s.23(2)

Case details

Case number
4105566/2024
Decision date
6 January 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Name
National Campaigns International Limited T/A Oceanic Group
Sector
media
Represented
No

Employment details

Role
Brand Partnership Executive
Service
6 months

Claimant representation

Represented
No
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