Claimant v Platinum Housing Support and Care Limited

Outcome

Facts

The claimant, an experienced social worker, entered into a written contract she herself drafted with the respondent to act as a 'professional consultant' sourcing complex children's placements for the respondent's homes. She was to be paid £900 per week per placement for the duration of each placement. She secured two placements but was not paid. The respondent did not respond to the claim or attend the hearing. The tribunal had to determine whether the claimant had worker or employee status under s.230 ERA 1996, a jurisdictional prerequisite for an unlawful deduction claim.

Decision

The tribunal found the claimant was self-employed and in business on her own account, not an employee or limb (b) worker. She drafted the contract herself, exercised complete autonomy over her work, was not subject to any control or direction by the respondent, was not integrated into the respondent's business, was free to work for others, and was paid commission per placement rather than wages. The tribunal therefore had no jurisdiction to hear the unlawful deduction claim and dismissed it.

Practical note

Legal authorities cited