Employment Judge Cookson sitting aloneMs D Ferrar for claimantDate 7 February 2022
JUDGMENT
[1]The claimant was engaged by the respondent as a worker under the Employment Rights Act 1996 (“ERA”) but he was not an employee. In consequence the Tribunal has no jurisdiction to consider a claim for breach of contract under the Extension of Jurisdiction (England and Wales) Order 1994. In any event the claimant did not show on the balance of probabilities that the loss he claimed was caused by the alleged breach of the terms of the agreement with the respondent.[2]I make a declaration that the respondent did not provide the claimant with itemised pay statements in accordance with its statutory obligations and thereby breached s8 of the ERA.[3]In accordance with s11 of the ERA I make a declaration of the following missing particulars which ought to have been provided to the claimant:a. In the week commencing 27 July 2020 the claimant worked 45 hours at a rate of £9 per hour and was paid a gross weekly pay of £405;b. In the week commencing 3 August 2020 the claimant worked 45 hours at a rate of £9 per hour and was paid a gross weekly pay of £405;c. In the week commencing 10 August 2020 the claimant worked 45 hours at a rate of £9 per hour and was paid a gross weekly pay of £405;d. In the week commencing 17 August 2020 the claimant worked 27 hours at a rate of £9 per hour and was paid a gross weekly pay of £243;e. In the week commencing 24 August 2020 the claimant worked 45 hours at a rate of £9 per hour and was paid a gross weekly pay of £405;f. In the week commencing 31 August 2020 the claimant worked 27 hours at a rate of £9 per hour and was paid a gross weekly pay of £243;g. In the week commencing 7 September 2020 the claimant worked 27 hours at a rate of £9 per hour and was paid a gross weekly pay of £243;h. In the week commencing 14 September 2020 the claimant worked 36 hours at a rate of £9 per hour and was paid a gross weekly pay of £324;i. In the week commencing 21 September 2020 the claimant worked 27 hours at a rate of £9 per hour and was paid a gross weekly pay of £243;j. In the week commencing 28 September 2020 the claimant worked 18 hours at a rate of £9 per hour and was paid a gross weekly pay of £162;k. In the week commencing 5 October 2020 the claimant worked no hours;l. In the week commencing 12 October 2020 the claimant worked 26 hours at a rate of £9 per hour and was paid a gross weekly pay of £234;m. In the week commencing 19 October 2020 the claimant worked 27 hours at a rate of £9 per hour and was paid a gross weekly pay of £243;n. In the week commencing 26 October 2020 the claimant worked 9 hours at a rate of £9 per hour and was paid a gross weekly pay of £81. There were occasions when the claimant was both under- and overpaid but the parties agreed before me that the claimant has now been paid the correct amounts based on the information above.[4]I make a declaration that the respondent made an unauthorised deduction from the claimant’s pay in relation to holiday pay to which he was entitled. However the parties agree that the correct amount of holiday pay has since been paid and there is no sum outstanding to the claimant.