Ryan Pickering v T and T Electrical Services NI Ltd (CASE REF: 2688/14)

Posted In: Case Law
  • Case Reference
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
Issues covered: Unlawful Deductions; Worker Status

The claimant alleged that he had suffered unlawful deductions from wages and agreed that for tax purposes he was treated as self-employed. Nevertheless, he asserted that he was a worker within the meaning of Article 3(3) of the Employment Rights (NI) Order 1996. The respondent disputed this saying that the claimant was a self-employed contractor and was not entitled to be treated as a worker.

The tribunal made clear that the case of Jivraj v Hashwani [2011] UKSC 40 is considered the seminal authority on the definition of a worker who are a class of persons who "although they are not employees, they are subordinate to the person for whom they work". The tribunal noted that the two relevant

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This article is correct at 14/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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