Mr J Richardson v Westlakes Plastering Contractors Ltd: 2414516/2018
JUDGMENT
[1]The claimant was not an employee of the respondent as that term is defined in section 230(1) of the Employment Rights Act 1996, in that he did not enter into or work for the respondent under a contract of employment (meaning a contract of service or apprenticeship); neither was he a “worker” as that term is defined in section 230(3) of the that Act.[2]In these circumstances the claimant does not have the status to present a complaint to the Employment Tribunal under section 23 of that Act to the effect that the respondent made an unauthorised deduction from his wages, or to present a contract claim under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 in respect of either the alleged non-payment of wages due to him or the alleged failure on the part of the respondent to give him due notice to terminate a contract of employment.