Ms B Noor v Seven Resourcing Limited — 2021

The claim concerned unpaid work by Ms B Noor, who started as an agency Team Leader at a residential care home on 30 August 2019. The tribunal, sitting alone and in the Respondent's absence, found that she worked four long shifts on 31 August, 1 September, 2 September and 5 September 2019, that she had been told the assignment would last three months, and that after she raised a payment issue and contacted ACAS she received no further shifts and was not paid the money owed.

The judge found, on the balance of probabilities, that the agreement set weekday pay at £14 per hour, Saturday pay at £15 per hour, Sunday pay at £16 per hour and bank holiday pay at £17 per hour, with a one-week notice period but no fixed duration. He accepted the claimant's evidence that she would have been working four long shifts each week and would have earned around £815 per week.

Although the judge initially considered an award equivalent to eight weeks' pay, he revised that view after noting the claimant's evidence that she had tried to obtain other agency work without success. He concluded it was fair and equitable to award the pay for the week she worked plus a further 11 weeks' pay to cover the agreed three-month period. No separate sums were awarded for holiday pay or notice pay, and the Respondent was ordered to pay £9,776.25 gross, with the claimant to account to HMRC.