Adventure Aviation Ltd and others

Case Summary

The tribunal found that the claimant was not an employee under the Employment Rights Act 1996 but was an employee for the purposes of the Equality Act 2010 and a worker under other legislation. The tribunal dismissed the claimant's claims of direct discrimination, harassment and victimisation, but found that the first respondent had made unlawful deductions from the claimant's wages in relation to annual leave and failed to provide written particulars of employment. The tribunal awarded the claimant a total of £1,093.44 against the first respondent.

The tribunal found that while the claimant was not an employee under the Employment Rights Act 1996, they qualified as a worker under the Working Time Regulations 1998, which entitled them to protection regarding annual leave deductions. The tribunal dismissed discrimination claims on their merits but upheld claims for unlawful wage deductions and failure to provide written particulars of employment.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether the claimant was an employee or worker
• •Whether the first respondent directly discriminated against the claimant on grounds of age
• •Whether the first respondent harassed the claimant on grounds of age
• •Whether the claimant did any protected act under section 27 of the Equality Act 2010 and whether the first respondent victimised him for doing so
• •Whether the first respondent made unlawful deductions from the claimant's wages in relation to annual leave
• •Whether the first respondent failed to provide written particulars of employment

The full source document is available from the official publication page.