Mr R Sharp v Parasol Ltd and others: 2400828/2020
JUDGMENT
The claimant’s claims against the second and third respondent are all dismissed following withdrawal. The claimants claims against the first respondent are struck out because it has no reasonable prospect of success.REASONS
[1]The claimant confirmed that the claims presented against the second and third respondents were withdrawn and they were dismissed accordingly.[2]The claimant’s claims against the first respondent require him to be either a worker or an employee under the definition set out in s230 of the Employment Rights Act 1996. The claimant argues that he did not have this status, but was in fact a self-employed contractor. Accordingly, on the claimant’s own case his claim is one that cannot succeed.[3]The respondent argues that the claimant was an employee with full employment rights. If the respondent is correct in this assertion, or if in the alternative the claimant were found to be a worker, the whilst the claims he presents could be considered they would have no reasonable prospect of success. The claims relate to the deduction of statutory payments (including Tax and National Insurance) which would not be unlawful if the claimant were either a worker or an employee. Case No. 2400828/2020[4]Given the claimant’s claim is one he is not eligible to present to an Employment Tribunal unless he has a status which undermines the basis of his claim, there is no reasonable prospect of his claim succeeding and it is struck out.