Mr E Enwereuzor (1) Mrs C Enwereuzor (2) v Umbrella Force Global Care Limited — 2023

The tribunal sat in Manchester on 24 March 2023 before Employment Judge Johnson, with Employment Judge Fairhurst observing, and the respondent did not attend. The tribunal first dealt with time limits under section 23(2) ERA 1996. It found that the claims were presented out of time, but that it was not reasonably practicable for the complaints to be presented earlier and that it was reasonable to extend time to the date the claim forms were presented on 4 July 2022.

The tribunal also found that both claimants were employees of the respondent within section 230 ERA 1996. It accepted their evidence, together with the witness statements, timesheets, invoices and correspondence, that they worked for the respondent through an umbrella arrangement placing them at the Christie Hospital via Pulse. The first claimant commenced employment on 19 August 2021 and the second claimant on 24 August 2021.

On the substantive claims under section 13 ERA 1996, the tribunal found that the respondent had not paid the claimants for December 2021 shifts that had been worked and paid through Pulse to the respondent. It found that the first claimant worked on 15, 16, 17, 18 and 19 December 2021 and was owed £1,151.40 gross. It found that the second claimant worked on 18 and 19 December 2021 and was owed unpaid wages, with the judgment order recording £600.60 gross.

Both claims for unlawful deduction from wages were therefore upheld. The judgment order requires the respondent to pay £1,151.40 to the first claimant and £600.60 to the second claimant. The reasons section contains an internal discrepancy on the second claimant's amount, stating £660.60 at paragraph 18, but the formal order in paragraph 4 records £600.60; the remedy figures above follow the order. The standard tribunal notice on interest is included, but no separate interest award is quantified in the judgment.