Claimant v E3 Recruitment Ltd — 2021

The claim concerned alleged shortfalls in pay contrary to Regulation 5 of the Agency Workers Regulations 2010 during the claimant's assignment to the respondent's customer, Powell (UK) Ltd, from 27 July 2020 to 28 May 2021. The hearing on 3 September 2021 was listed as a preliminary hearing by telephone for case management, but the tribunal recorded that one issue had been resolved for the period 1 January 2021 to 31 March 2021.

For that period, the respondent accepted that it owed an additional payment for agency worker pay at a shortfall rate of £0.75 per hour for 497.75 hours worked. The tribunal recorded that the respondent consented to judgment in that sum to dispose of one issue, with the balance of the claim remaining to be established separately. The operative judgment awards the claimant £348.45.

The written reasons contain an internal inconsistency in paragraph 3, which refers to a total sum of £3458.45, but the judgment itself repeatedly states the award as £348.45. On the face of the decision, the tribunal made partial judgment only for that amount and expressly noted that it was without prejudice to the balance of the claim if later established.