Mary Olagunju v Eco Climate Solutions and 1 other — 2022

Mary Olagunju worked for Fagin Enterprise Limited from 29 June 2021 doing administration work. She was told she would sign a written contract, but none was provided. The tribunal found she worked set hours, had to clock in, had to report sickness, could not send a substitute, and wore a uniform top. On that evidence, it found she had been engaged under an oral contract and was at least a worker, and likely an employee.

The claim against Eco Climate Solutions was dismissed because the tribunal found that respondent was not a legal person and did not employ the claimant. As to Fagin Enterprise Limited, the tribunal found that no wages were paid for the period 28 July 2021 to 13 August 2021. Using 13 days at 4.5 hours per day and a rate of £12 per hour, the unpaid wages were assessed at £702 gross. The respondent's explanation that training costs should be deducted and that the claimant left without notice was rejected because neither point made the non-payment lawful.

The tribunal also found that Fagin Enterprise Limited failed to provide any written particulars of employment under s.1 Employment Rights Act 1996. Because an award had been made for the unlawful deduction claim and there were no exceptional circumstances, the tribunal applied s.38 Employment Act 2002 and increased the award by four weeks' gross pay. Weekly pay was calculated at £270, so the uplift was £1,080, making the total award £1,782.