Pickering v T and T Electricla Services NI... [2015] NIIT 2688_14IT (19 June 2015)

Pickering v T and T Electricla Services NI... [2015] NIIT 2688_14IT (19 June 2015)

The claimant was found to be a 'worker' as he was under an obligation to perform work personally, was under the direction and supervision of the respondent, and was not running an independent business. The respondent was not entitled to make deductions from the claimant's wages for accommodation or alleged overpayments, as there was no contractual or statutory basis for such deductions. The claimant was entitled to the net sum of £518 for unpaid wages.

Citation
[2015] NIIT 2688_14IT
Parties
Claimant: Ryan Pickering; Respondent: T and T Electrical Services NI Ltd
Jurisdiction
Northern Ireland
Judgment Date
19 June 2015
Procedural Posture
Industrial Tribunal Unlawful Deduction From Wages / Final Judgment After Hearing
Outcome
Claim allowed
Legal Topics
Worker Status, Unlawful Deduction From Wages, Employment Rights (northern Ireland) Order 1996, Self Employment Vs Worker, Jurisdiction of Industrial Tribunals
Employment Law Worker Status Unlawful Deduction From Wages Employment Rights (northern Ireland) Order 1996 Self Employment Vs Worker Jurisdiction of Industrial Tribunals

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Parties

Ryan Pickering

Claimant

T and T Electrical Services NI Ltd

Respondent

Procedural Posture

Industrial Tribunal Unlawful Deduction From Wages / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the claimant is a 'worker' under Article 3(3) of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant suffered unlawful deductions from wages

Ratio Decidendi

The claimant was found to be a 'worker' as he was under an obligation to perform work personally, was under the direction and supervision of the respondent, and was not running an independent business. The respondent was not entitled to make deductions from the claimant's wages for accommodation or alleged overpayments, as there was no contractual or statutory basis for such deductions. The claimant was entitled to the net sum of £518 for unpaid wages.

Court Disposition

Claim allowed

Orders

  • The respondent is ordered to pay the claimant the sum of £518 in respect of unauthorised deductions from wages.