Claimant v COOP Group Recruitment Limited
Outcome
Individual claims
The tribunal found the claimant's hourly rate was £26 per hour which she conceded she was paid. The claimant alleged she should have been paid £32 per hour but provided no documentary evidence to support this. The only evidence of the hourly rate in the invoices and self-bill invoice/remittance documents detailed £26 per hour.
COOP Group Recruitment Limited operated a rolled up holiday pay scheme that was not sufficiently transparent and comprehensive because payslips did not show how much of wages represented holiday pay. The claimant was entitled to 5.6 weeks accrued but untaken holiday pay on termination for the leave year 2020-2021 calculated at £3,190.54 based on an average week's pay of £569.74.
Facts
The claimant was a district nurse working through two linked umbrella companies (Mutual Group Limited and COOP Group Recruitment Limited) who sub-contracted her to an employment agency (MSI) which placed her with NHS trusts. She worked from 26 August 2019 to 30 March 2021 at £26 per hour. She claimed she was underpaid and that rolled up holiday pay was unlawful. The original hearing proceeded in her absence due to eviction and was dismissed. She successfully applied for reconsideration. Mutual Group Limited went into compulsory liquidation in December 2023.
Decision
The tribunal granted reconsideration and found the claimant was dually employed by both umbrella companies with joint liability. As Mutual Group Limited is insolvent, COOP Group Recruitment Limited is liable for the full obligation. The tribunal dismissed the underpayment claim finding the claimant was paid her agreed rate of £26 per hour. The holiday pay claim succeeded because the rolled up holiday pay scheme was not sufficiently transparent. The tribunal awarded £3,190.54 for 5.6 weeks accrued but untaken holiday pay.
Practical note
Employment tribunals can recognize dual employment relationships where parties mutually agree and operate as linked entities with joint liability, but this does not permit claims for rates of pay not actually agreed or evidenced in the contract.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3314658/2021
- Decision date
- 28 October 2024
- Hearing type
- reconsideration
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Role
- District nurse
- Service
- 2 years
Claimant representation
- Represented
- No