Ms T Gordon v Huntress Search Limited Heard: London South by CVP — 2021

Ms Gordon brought a claim for unauthorised deduction of wages, seeking payment of £2,048.54 on the basis that she had been underpaid between 24 February 2020 and 24 May 2020. The tribunal recorded that the material facts were not disputed. Ms Gordon had registered with Huntress Search Limited and agreed the Temporary Worker Agreement on 31 October 2019, which stated that it did not create a contract of employment and that there could be periods when no suitable work was available.

Her latest assignment began on 24 February 2020 and was due to end on 24 May 2020, but it was terminated on 24 March 2020 because of Covid-19. The respondent later chose to implement the Coronavirus Job Retention Scheme for temporary workers under a separate Temporary Worker Furlough Agreement. Ms Gordon accepted that agreement on 29 May 2020, and was placed on furlough from 25 March 2020 to 24 May 2020, the anticipated end date of the assignment.

The tribunal held that the furlough pay had been calculated correctly under the Government guidance for workers whose pay varies. It accepted the respondent's approach of using earnings for the 2019/2020 tax year under the Temporary Worker Agreement, rather than the period from March to May 2020. On the figures it found total earnings of £4,210.21 over 22 weeks, producing weekly pay of £191.30, 80% furlough pay of £153.10 per week, and £30.62 per weekday.

The tribunal therefore concluded that the respondent had applied the correct calculation, that no further payment was due, and that no unauthorised deduction had been made. The claim was dismissed.