Chalimoniuk v Transkol Limited and FN Transport Limited Posted In: Case Law
Legal BodyEmployment Tribunal (ET)
Type of Claim / JurisdictionContracts of Employment, Working Time and Leave, A-Typical Working, Pay and Conditions of Employment
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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