Mr R Wild v The Recruitment Shed Ltd T/a Challenge trg: 2401283/2020
JUDGMENT
[1]The claimant’s claims for unlawful deduction of wages is dismissed on withdrawal by the claimant following settlement between the parties.[2]The claimant was not an employee of the respondent. The contractual jurisdiction of employment tribunals is governed by S.3 Employment Tribunal’s Act 1996 together with the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 SI 1994/1623 (‘the Order’). Under S.3(2) ETA and Article 3 of the Order, for a Tribunal to be able to hear a contractual claim brought by an employee, that claim must arise or be outstanding on the termination of the employee’s employment. As the claimant was not an employee of the respondent and the breach of contract claim does not arise on the termination of the contract of employment, the claim is dismissed.