In person For the v Allegis Group Ltd T/a Aerotek Staffing — 2022

Employment Judge Emery sat alone at London Central on 22 August 2022. The respondent did not appear or file a defence. The tribunal first resolved the employer's identity point, concluding that the claimant's employer was Allegis Group Limited trading as Aerotek Staffing, based on the employment contract, message trail, induction documents and Companies House material. It noted that the respondent had used a trading name, and relied on Mist v Derby Community NHS Trust when deciding that it was in the interests of justice for the hearing to proceed.

The claimant had worked from 12 January 2022 to 1 February 2022, for 22 days, on a salary of £23,500 per year. The tribunal accepted that he had carried out work during that period but had not been paid for any of the days worked, and had also not received notice pay. It recorded that the employment ended by email on 1 February 2022, with the reason given that he had not completed internal documentation properly, and that the contract provided for 30 days' notice and no probation clause.

The unfair dismissal claim was dismissed on withdrawal. The claims for unlawful deduction from wages and breach of contract succeeded under section 13 of the Employment Rights Act 1996 and on the alternative contractual basis identified in the reasons. The tribunal calculated unpaid wages during employment at £1,998.80 and notice pay at £1,958.33, and awarded £3,957.00 in total. The judgment does not split that total between the two successful heads of claim.