Ms Banbury v Readipop: 3300433/2025
JUDGMENT
[1]The claimant was a worker of the respondent within the meaning of section 230 of the Employment Rights Act 1996.[2]The claimant’s complaint of unpaid holiday pay is well-founded.[3]The respondent shall pay the claimant £4,130.62, which is the gross sum due in connection with unpaid holiday pay, within 14 days of the date on which this judgment is sent to the parties. The claimant is responsible for the payment of any tax or National Insurance.[4]The claimant’s complaint of unlawful deduction from wages is not well-founded. In particular:a. The Tribunal does not have jurisdiction to hear the claimant’s complaint in connection with the payment of class 1 National Insurance contributions.b. The Tribunal does not have jurisdiction to hear the claimant’s complaint in connection with employers’ pension contributions.c. The claimant was not an employee of the respondent and therefore was not entitled to be paid the full sick pay benefit available to employees of the respondent; this sum was not properly payable to the claimant and no deduction was made.d. Section 27(2)(b) expressly excludes expenses from the definition of wages. The claimant’s complaint of unpaid expenses (including mileage, an outstanding payment for posted scanners, a book-keeper fee for selfassessment and interest on an HMRC tax repayment plan) is not wellfounded.e. The Tribunal found that the claimant submitted an erroneous invoice for 23 days work (plus 6 days overtime) for January 2024 and subsequently corrected the invoice to 22 days work (plus 6 days overtime). The sum of £154.40 claimed in respect of missing invoiced payments relates to the 1 day invoiced in error, it was not properly payable to the claimant and no deduction was made.