Claimant v Total Facilities Recruitment Ltd

The tribunal found that the first respondent made unauthorised deductions from the claimant's wages for employer's National Insurance, an apprenticeship levy, and a management company margin. No written agreement authorising these deductions was shown. The claimant was entitled to £538.84 gross (including rolled-up holiday pay at 12.07%) for 23.5 hours worked at £20.46 per hour.

The tribunal found that the claimant was engaged under a contract for services as an agency worker, not a contract of employment. He was not guaranteed 40 hours per week for six months. The contract permitted termination without notice, so no notice pay was due.

The tribunal found that the claimant was entitled to rolled-up holiday pay at 12.07% of gross earnings, which was included in the calculation of the unlawful deduction award. No separate holiday pay claim succeeded beyond what was awarded under the wages claim.

The claimant ticked a box for 'discrimination' on the claim form but despite being given an opportunity to explain any discrimination claim, he did not advance any such case. The tribunal dismissed this claim.

The claimant brought a claim for a redundancy payment but did not have the requisite two years' continuous service to qualify. This claim was dismissed.