Mr G S Kareer v Disha Global Ltd t/a Dublcheck Cleaning: 2601445/2016
JUDGMENT
[1]The Claimant was not an “employee” within the meaning of Section 230(1) Employment Rights Act 1996 and is thus not able to pursue a claimant of unfair dismissal.[2]The Claimant was a “worker” within the meaning of Section 230(3) Employment Rights Act 1996 and is thus able to pursue complaints of an unlawful deduction of wages, arrears of pay in relation to the national minimum wage and holiday pay.[3]The Respondent has failed to pay the Claimant the national minimum wage and has made an unlawful deduction of wages. The Respondent is ordered to pay to the Claimant £20,761.34 (net) being the arrears of wages, including the shortfall in the national minimum wage.[4]The Respondent has failed to pay the Claimant outstanding holiday pay. The Respondent is ordered to pay to the Claimant £1,407.00 (net) in respect of arrears of holiday pay.