Cases→1405522/2023

Claimant v S'Investec LLC

27 January 2025Before Employment Judge LevertonBristolremote video

Outcome

Claimant succeeds£21,327

Individual claims

Unlawful Deduction from Wagessucceeded

Both Claimants were found to be employees and workers of the Third Respondent. The Tribunal concluded that both Claimants' complaints of unauthorised deductions from wages were well-founded and ordered payment of the agreed sums.

Breach of Contractsucceeded

Both Claimants' complaints of breach of contract relating to notice pay were well-founded. The Tribunal found they had a contractual relationship with the Third Respondent and ordered payment of agreed sums for notice pay.

Facts

Two claimants brought claims against three respondent companies. The Tribunal added the third respondent on its own initiative under rule 35. The claimants had no contractual relationship with the first two respondents, but were found to be employees and workers of the third respondent. Both claimants succeeded in claims for unauthorised deductions from wages and breach of contract relating to notice pay.

Decision

The Tribunal dismissed claims against the first and second respondents for lack of jurisdiction as no employment relationship existed. Claims against the third respondent succeeded on all grounds. The first claimant's late presentation was excused as it was not reasonably practicable to present in time. Both claimants were awarded agreed sums plus a 10% ACAS uplift and compensation for failure to provide written particulars.

Practical note

Tribunals can add respondents on their own initiative where issues arise that should be determined in the proceedings, and clarity on the correct employer is essential before bringing claims.

Award breakdown

Notice pay£1,186
Unpaid wages£15,864

Adjustments

ACAS uplift+10%

The Third Respondent unreasonably failed to comply with the Acas Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

s.207A Trade Union and Labour Relations (Consolidation) Act 1992s.38 Employment Act 2002Employment Tribunal Rules of Procedure 2024 rule 35

Case details

Case number
1405522/2023
Decision date
27 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
S'Investec LLC
Sector
financial services
Represented
No
Rep type
in house

Employment details

Claimant representation

Represented
No
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