Mr W Victorin Represented by: In person v The Kingdom Group Ltd (t/a Kings Recruitment Consultants) and 2 others — 2021

The tribunal found that the claimant was an agency worker and that Regulation 5 required consideration of the basic working and employment conditions he would have received if recruited directly by the Second Respondent at the qualifying date. Annual leave and holiday pay had been resolved before the hearing.

The claimant relied on Jackie Ley as a comparator and argued he should have been paid at SO1 grade. The tribunal found Ms Ley was not doing the same or broadly similar work, and in any event was not performing an SO1 role by the relevant period. It found the claimant's Digital Reprographics Operator role was properly evaluated as Business Support Officer scale 4, relying on earlier grading information, the BSO job description, comparison with other BSO roles, salary range evidence, and a later job evaluation.

The tribunal found the claimant's role changed after Ms Ley left, including taking on some administrative duties and working alone, but did not become substantively different: the skills, competencies, equipment and role description remained essentially those of a Reprographics Operator. It also found the claimant's emails in May and July 2019 did not amount to requests for a written statement under Regulation 16, so no obligation arose and no inference was drawn.