In person For the v Ms K Zakrzewska, litigation consultant — 2020

The claimant worked for the respondent recruitment agency from 20 June 2018 and was assigned to Ubico Ltd at South Cerney. After an incident on 5 February 2019, Ubico said it did not want him back at the site. The tribunal found the written contract was a contract of service between the claimant and the respondent, that he was an employee of the respondent, and that the contract contained no term allowing termination, notice, or deductions from wages.

The tribunal accepted the claimant's evidence that he remained available for work, subject to reasonable travel, and found no evidence that the respondent had offered any alternative engagement. It rejected the respondent's contention that the claimant was merely an agency worker not employed by the respondent. On that basis, the respondent was not entitled to deduct wages or withhold accrued holiday pay for the relevant period from 6 February to 8 May 2019, and the tribunal accepted the sums of £4,569.50 and £492.10.

At the end of the hearing the claimant sought to amend the claim to add losses after 8 May 2019, but that application was refused because it was without notice, was a substantial late amendment, and would prejudice the respondent. The tribunal also found that the respondent had failed to provide s.1 ERA-compliant terms and conditions and, under s.38 of the Employment Act 2002, increased the award by two weeks' pay of £703.00. The total sum ordered was £5,764.60.