The Jersey Employment Tribunal (JET) has recently struck out a claim for redundancy and payment of notice brought by a worker contracted under a zero hours contract on the basis that he was not an ‘employee’ and was not therefore entitled to bring any claims under the Employment (Jersey) Law 2003 (the Law).

The Applicant in Wojtazewski v BOA Ltd t/a Play.com was contracted to work as a warehouse assistant for the Respondent company, who operated an internet orders fulfilment business in Jersey for all clients who were able to benefit from the low value consignment relief on goods imported into the United Kingdom from the Channel Islands.

In addition to a small number of permanent employees, the Respondent maintained a ‘bank’ of workers who were contracted to work as and when the Respondent’s business needs so required. The Applicant was one such bank worker and was contracted to work as a warehouse assistant…

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