Mrs J Hayes v Railscape Ltd: 3202333/2020

EMPLOYMENT TRIBUNALS
Case No 3202333/2020
Mrs J HayesClaimantRailscape LtdRespondent
Employment Judge MoorIn person for claimantMr Rahman (instructed by counsel) for respondentDate 1 February 2021

JUDGMENT

It is the judgment of the Tribunal that all the claims fail and are dismissed:[1]The complaint for unlawful deduction of wages is not well-founded because the Claimant was not an employee or worker of the Respondent within the meaning of the Employment Rights Act 1996.[2]The claim for accrued but untaken holiday pay fails because the Claimant was not a worker of the Respondent within the meaning of the Working Time Regulations 1998.[3]The claim for breach of contract fails because the Claimant was not an employee of the Respondent and it therefore was not outstanding or arising on the termination of a contract of employment. Case Number: 3202333/2020 V[4]In any event, the Tribunal does not have the power to hear the above complaints and claims because they were not brought in time when it was reasonably practicable to do so.