Mr L Gorini v Sentium Technologies Limited — 2025

Mr L Gorini began working for Sentium Technologies Limited on 23 June 2023 as an Account Manager. The Tribunal found that the relationship was one of worker and employer, not a business-to-business subcontracting arrangement: the claimant worked mainly from the respondent's London office, on set hours, under a line manager, using company equipment, and with paid annual leave. The Tribunal also found that the contracts were for the claimant's personal services, notwithstanding the use of Food Global Limited for payment convenience.

The claimant gave notice on 17 October 2023 and last worked on 20 October 2023. When he tried to withdraw his final pay through Deel on 15 November 2023, the account had been closed and no payment was available. The Tribunal held that the final payment was due on 15 November 2023, so the claim presented on 30 January 2024 was in time. It found that the respondent had made an unauthorised deduction from wages by failing to pay the pro-rated October 2023 wages, and that no statutory, contractual, or written consent basis authorised the deduction.

On remedy, the Tribunal awarded £1,931.78 for the wages claim, representing the gross sum deducted for work done from 1 to 20 October 2023. It also upheld the holiday pay claim, finding that the claimant was entitled to payment in lieu of outstanding accrued annual leave on termination. Applying the contract and regulation 15A(3) of the Working Time Regulations 1998, the Tribunal found that 12 days had accrued, 7 had been taken, and 5 days remained outstanding.

The Tribunal awarded £691.15 for holiday pay, calculated at £138.23 per day. No other heads of loss were addressed. The total award was therefore £2,622.93 gross, with the claimant responsible for any tax or National Insurance on the sums awarded.