TJ Courier Chauffeur Express Ltd v Maharjan [2010] UKEAT 0648_10_1511 (15 November 2010)

TJ Courier Chauffeur Express Ltd v Maharjan [2010] UKEAT 0648_10_1511 (15 November 2010)

The Claimant was found to be an employee; the Respondent failed to attend or provide evidence; unlawful deductions and failure to provide written particulars were established; late allegations of fraud and illegality were inadmissible.

Citation
[2010] UKEAT 0648_10_1511
Parties
Applicant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
15 November 2010
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Worker Status, Contract of Employment, Unlawful Wage Deductions, Written Particulars of Employment, Fraud and Illegality Allegations
Employment Law Worker Status Contract of Employment Unlawful Wage Deductions Written Particulars of Employment Fraud and Illegality Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Claimant

Applicant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Claimant was an employee
  2. 2 Whether unlawful deductions from wages occurred
  3. 3 Whether written particulars were provided

Ratio Decidendi

The Claimant was found to be an employee; the Respondent failed to attend or provide evidence; unlawful deductions and failure to provide written particulars were established; late allegations of fraud and illegality were inadmissible.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

  • Respondent to pay compensation of £3,424.50 to Claimant.
  • Minimum award under section 38 of Employment Act 2002 ordered.