Ms M Rispin v Kings College Hospital NHS Foundation Trust and 1 other — 2020

Ms M Rispin brought a complaint against Kings College Hospital NHS Foundation Trust and Your World Recruitment Limited under Regulation 5 of the Agency Worker Regulations 2010. She said that, as an agency worker supplied by the Second Respondent to work for the First Respondent from 18 June 2018 until the end of January 2019, she was not paid for bank holidays and therefore received less pay than she would have received if she had been recruited directly by the First Respondent.

The Second Respondent conceded that the Claimant should have been paid for the bank holidays, and the First Respondent did not enter a response. On that basis, the tribunal was satisfied that the complaint was well founded and made the declaration sought. The tribunal held that there was no basis to reduce the minimum compensation under Regulation 18(12).

The tribunal assessed compensation at two weeks' pay, using the Claimant's figure of £500 for a week's pay, giving a total award of £1,000. Applying Regulation 18(9), and noting that there was no evidence before it, the tribunal decided it was just and equitable for each Respondent to pay 50% of the compensation, so each was ordered to pay £500.