Chalimoniuk v Transkol Limited and FN Transport Limited [2020]

Posted In: Case Law
  • Decision Number
    2601798/2019
  • Legal Body
    Employment Tribunal
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time and Leave, A-Typical Working, Pay and Conditions of Employment
Issues covered: Employment Status; Holiday Pay; Unlawful Deductions from Wages

This claim was for unauthorised deductions from wages under the Employment Rights Act 1996 and unpaid holiday pay under the Working Time Regulations 1998.  The main issue in this case focused on the Claimant’s employment status; was the claimant the worker of either or both respondents at all relevant times in accordance with the definition in section 230(3) of the Employment Rights Act 1996?

The Claimant did work for both Respondents between October/November 2017 and March/April 2019, driving the Respondents lorries delivering goods on behalf of the Respondents third party clients.

The Judge in this case found that the Claimant was not a worker and therefore was not entitled to any

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This article is correct at 19/11/2020
Disclaimer:

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.

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