Mr F Oben v National Networked Investigations: 3325472/2017
JUDGMENT
Employee / Worker Status – section 230 Employment Rights Act 1996[1]There was no contract of employment or other contract under which the Claimant was an employee or a worker within the meaning of section 230 of the Act.[2]He does not have the right to bring complaints of unauthorized deductions from wages or breach of contract before an Employment Tribunal. The claims are dismissed.REASONS
[1]Neither party attended or was represented at the hearing.[2]Neither party was contactable on the telephone numbers provided.[3]The Tribunal decided to proceed with the hearing in the absence of the parties under rule 47. Claimant[4]On 26 June 2017 the Claimant presented complaints of unauthorised deduction from wages and / or breach of contract to the Tribunal. Page 1 of 2 Case No: 3325472/2017[5]He claimed that he had entered into a contract with the Respondent on or about 26 October 2016 for a position as a self-employed investigator. He was required to complete a training course with a separate specified on-line training organization for a fee of £287.50. He was told that he would then be offered a 12 month contract with payment of between £25-40 per hour.[6]He paid the fee and completed the training course but was not thereafter given a certificate nor offered any work despite making enquiries with the Respondent. Respondent[7]The Respondent did not present a response to the claim.Findings
[8]It is clear from the Claimant’s ET1 claim form and the attached documentation that there was no contract of employment or other contract under which the Claimant was an employee or a worker within the meaning of section 230 of the Act.[9]He was never employed by, nor ever did any work for, the Respondent or any other organization.[10]He does not have the right to bring complaints of unauthorized deductions from wages or breach of contract before an Employment Tribunal.