Case 1303425/2019 · Employment Tribunal
Mr S Moisa First v Staffco Direct Limited Second Respondent: Swift Personnel Limited Third Respondent: Masstemps Ltd — 2019
- Case reference
- 1303425/2019
- Decision date
- 11 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson Representation
- Venue
- Birmingham
Parties
2 namedClaimant
Mr S Moisa First
Key findings
Tribunal's reasoningAt Birmingham Employment Tribunal on 24 October 2019, Employment Judge Cookson considered the claimant Mr S Moisa’s complaints against Staffco Direct Limited, Swift Personnel Limited and Masstemps Ltd. The decision was given orally at the hearing and the written record sets out the tribunal’s orders.
The complaint against Staffco Direct Limited was dismissed because the claimant agreed that the outstanding monies he was owed had been paid in full. The complaint against Swift Personnel Limited was dismissed because it had been presented outside the statutory time limit and the tribunal found that it was reasonably practicable for the claimant to have brought it in time.
The tribunal upheld two complaints against Masstemps Ltd. It found unlawful deductions from wages totalling £41.94 contrary to s13 of the Employment Rights Act 1996. It also found that the third respondent failed to pay accrued holiday pay on termination in the sum of £321.95 gross contrary to regulation 14 of the Working Time Regulations 1998.
The written judgment orders those sums to be paid to the claimant by the third respondent. The combined monetary award recorded by the decision is £363.89.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint against the first respondent, Staffco Direct Limited, dismissed because the claimant agreed that the outstanding monies owed had been paid in full; the extracted text does not identify the underlying legal label. | Dismissed | — | — |
| Unlawful deduction from wages | Complaint against the second respondent, Swift Personnel Limited, dismissed as out of time; the tribunal found that it was reasonably practicable for the claimant to have brought the complaint in time. | Dismissed | — | — |
| Unlawful deduction from wages | The third respondent, Masstemps Ltd, was found to have made unlawful deductions from wages contrary to s13 Employment Rights Act 1996. | Upheld | — | £42 |
| Holiday pay | The third respondent, Masstemps Ltd, was found to have failed to pay accrued holiday pay on termination contrary to regulation 14 of the Working Time Regulations 1998; the judgment records £321.95 gross. | Upheld | — | £322 |
Remedy
Monetary award- Total award
- £364
- across all upheld claims
Legal tests applied
4 references- s13 Employment Rights Act 1996
- Regulation 14 Working Time Regulations 1998
- statutory time limit
- reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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