Miss J Martin v Eden Brown Ltd T/a Eden Brown Synergy: 2601618/2019

EMPLOYMENT TRIBUNALS
Case No 2601618/2019
Miss J MartinClaimantEden Brown Ltd T/a Eden Brown SynergyRespondent
Employment Judge BlackwellDate 16 December 2019

JUDGMENT

[1]The case is adjourned.[2]Ms Martin is to inform the Tribunal by not later than 4:00 pm on 26 September 2019 whether she wishes to proceed with her claims in this Tribunal. If she does not do so then the claims will be dismissed on deemed withdrawal by Ms Martin.

REASONS

[1]I explained as a number of preliminary points that relate to the jurisdiction of the Tribunal. The first concerns whether Ms Martin is either an employee and/or a worker within the meaning of Section 230 of the Employment Rights Act. The second is whether two of her claims namely those against Nottinghamshire Page 1 of 2 Case No: 2601618/2019 County Council and the Rotherham Council were brought within the time limits imposed by the Employment Rights Act in respect of bringing claims for the arrears of wages. The third matter was that a part of Ms Martin’s claim relate to travelling expenses/parking and as a matter of law these cannot be claimed as unlawful deduction from wages.[2]Given that Ms Martin is unrepresented and that she also appeared to be bringing a new claim in her “submission” it was my view that it was essential that Ms Martin took advice.[3]The Respondents have provided as part of the trial bundle the arrangement as between Ms Martin and themselves. The Respondents are governed by the conduct of Employment Agencies Regulations 2003 and are subject to those provisions in particular Regulations 13, 14, 15 and 16 and the enforcement provisions are set out in Regulation 30.