Case 1303431/2021 · Employment Tribunal
Mr S Tempesta v Jobsworth Recruitment Solutions Limited — 2022
- Case reference
- 1303431/2021
- Decision date
- 2 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood
- Venue
- Birmingham
Parties
2 namedClaimant
Mr S Tempesta
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr S Tempesta, worked for Jobsworth Recruitment Solutions Limited from 1 to 6 May 2021 as a worker supplied through the respondent's agency business. He claimed unlawful deduction of wages for an alleged underpayment of hourly rates and for a night out, and he also claimed unpaid holiday pay. The tribunal found that although the claimant had seen advertisements referring to higher rates, the rate actually agreed for the assignment was £13 per hour including holiday pay, as confirmed in messages on 29 April 2021.
On the wages claim, the tribunal found that the claimant worked 57 hours between 1 and 6 May 2021 and was paid £13 per hour for those hours, amounting to £741 gross. It also found that he undertook one unplanned overnight stop on 3 May 2021 and that the respondent's standard rate for a 'Night Out' was £20, which was later paid to him. The tribunal concluded that no further sums were outstanding and dismissed the unlawful deduction of wages complaint.
On the holiday pay claim, the tribunal found that the claimant accrued 0.1 weeks of holiday during the period worked and that the payslips showed separate holiday pay elements of £12.95, £50.05 and £11.55, totalling £74.55. Applying Robinson-Steele v RD Retail Services Ltd and Lyddon v Englefield Brickwork Ltd, the tribunal held that the holiday pay had been paid transparently and comprehensibly, and that the sums already allocated as holiday pay could be set off against any entitlement on termination. The tribunal therefore held that no additional holiday pay was due and dismissed that complaint as well.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the claimant agreed a rate of £13 per hour for the assignment, including holiday pay, and that he was paid that rate for the 57 hours worked. It also found the claimant was paid £20 for the overnight 'Night Out', which was the respondent's standard rate, so no wages were outstanding. | Dismissed | — | — |
| Holiday pay | The tribunal found the claimant had accrued 0.1 weeks of holiday, but the amounts already paid within his hourly rate as holiday pay were paid transparently and comprehensibly and could be set off against the termination entitlement. It held that no further holiday pay was due. | Dismissed | — | — |
Legal tests applied
5 references- section 13 ERA 1996
- section 23 ERA 1996
- regulations 14 and 16 Working Time Regulations
- Robinson-Steele v RD Retail Services Ltd
- Lyddon v Englefield Brickwork Ltd
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.
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