Automatic unfair dismissal

[Mary Kimani]

Hi
Wonder if anyone can help
My son signed a contract as a sub contractor with a company also subcontracted by DHL.
It was apparent that the sub contractor/self employment status wasn't the case when he started working. He wasn't able to invoice as he didn't have access to the paperwork from DHL as they generated through their scanners. The company received the paperwork. Instead of them handing the paperwork to enable invoicing, the company director formulated a different document, manipulated the numbers and used to pay 'WAGES'. (specified as so in the bank statement)
Given how busy logistics have been during the pardemic, he noticed that the numbers of deliveries and collections done didn't match the money and therefore pushed for the original paperwork from DHL to a certain the pay.
The company stated that he must accept whatever he has given and terminated the contract
According to how the work was carried out, I believe the contract was unfit for purpose and was just in place to negate the employer / worker relationship, not to afford him the rights of an employee. He had no control of what was happening and the company director had control of all aspects of the business. All he provided was his driving skills.
Given the definition of a worker under the law and as presidented by the Uber case, he is claiming for wage deduction (estimate at the moment, the company refused to provide original paperwork to prove otherwise).
Although he was there for 13 months, it is clear that the termination was due to him exerting his right not to be deducted his wages among other unlawful deductions which constitutes Automatic Unfair Dismissal and therefore the 2 year rule may not apply.
Consequently, if proved, a worker, claiming for accrued holiday.
He decided to go the tribunal path as opposed to small claims court as he believes he was a worker and is owed money and dismissed for asking for it.
What advice would you offer?
Also looking for a lawyer that can help with particularising the claim and completing the ET1 form ready for case management and how much they charge.
Thank in advance
Mary

[ULA]

In regard to going the Tribunal route, for which there is no fee, your son would need to make a claim within 3 months less a day from his termination. In his tribunal claim he would need to:

1. Prove that he was in fact a worker and not a self emloyed sub-contractor.
2. Having proved he was a worker then it would be claiming that he was dismissed due to exercising a statuory employment right not to have illegal deductions made from his wages.
3. Set out the details of the amount for which he has illegal been dedcuted wages.

In terms of legal support you may find an employment lawyer that will take this on a "no win no fee" basis but they will want to weigh up the potential of the case first. If your son has any form of insurance policy it may with worth checking if he has legal expenses cover and if so speak to the insurer about the case. Again they will assess it and look at the potential for the claim being successful. You can engage a solicitor on a paid basis and then you would be looking at potentially anything in the range of £3,000 - £7,000 if they consider it to be a simple matter to take it through a tribunal hearing. For this your so would have to weigh this against the value of the claim.

Alternatively to all of that he could represent himself.

Additional Note: the decision has just been handed down from the Supreme Court which we have all been waiting to hear on the Uber case.