Cases→3202049/2023

Claimant v MMA LDN LIMITED

17 April 2024Before Employment Judge BradfordEast Londonremote video

Outcome

Claimant succeeds£5,500

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the claimant was a worker under s230 ERA 1996. He submitted monthly invoices for £1,000 from 21 May 2023 to 4 November 2023 which were not paid. The failure to pay wages properly payable constituted unauthorised deductions under s13 ERA 1996. No statutory or contractual authorisation for the deductions existed. The respondent owed 5.5 months at £1,000/month totalling £5,500.

Facts

The claimant worked for the respondent martial arts gym from January 2023, initially as a volunteer under a partnership agreement, then from May 2023 as 'Director of Youth' for £1,000/month. He was responsible for promoting martial arts classes to schools and youth organisations, teaching classes, and seeking sponsors, working 20 hours/week. The respondent paid his first invoice in May 2023 but then failed to pay further invoices for five and a half months to November 2023. The respondent argued he was self-employed and had not worked the agreed hours. The claimant ceased working in November 2023 when payment disputes remained unresolved.

Decision

The tribunal found the claimant was not an employee but was a worker under s230 ERA 1996. He was required to work personally under a contract for the benefit of the respondent gym, which was not a client or customer of any business he ran. The respondent made unauthorised deductions by failing to pay wages properly payable from May to November 2023. The tribunal awarded £5,500 gross representing 5.5 months' unpaid wages at £1,000/month.

Practical note

A 'collaboration contract' labelled as self-employment may still create worker status if the individual is integrated into the organisation rather than providing services as an independent business to a client, triggering protection against unlawful wage deductions.

Award breakdown

Unpaid wages£5,500

Award equivalent: 23.8 weeks' gross pay

Legal authorities cited

Uber BV v Aslam [2021] UKSC 5Ready Mixed Concrete v Minister of Pensions [1968] 2 QB 497Autoclenz Ltd v Belcher [2011] UKSC 41Hospital Medical Group Ltd v Westwood [2013] ICR 415Cotswold Developments Construction Ltd v Williams [2006] IRLR 181Bruce v Wiggins Teape (Stationary) Ltd [1994] IRLR 536

Statutes

ERA 1996 s.230ERA 1996 s.23ERA 1996 s.13

Case details

Case number
3202049/2023
Decision date
17 April 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
MMA LDN LIMITED
Sector
hospitality
Represented
No

Employment details

Role
Director of Youth
Salary band
Under £15,000
Service
10 months

Claimant representation

Represented
No
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