Mr M Szlacheta v Logical Recruitment Partners Limited — 2020

Mr M Szlacheta presented claims arising from a brief engagement with Logical Recruitment Partners Limited from 16 April 2019 to 24 April 2019. The respondent did not present an ET3 or take part in the proceedings. At the remote hearing on 11 June 2020, the tribunal considered documents describing him as a temporary employee, stating that holiday pay was included in the hourly rate, and setting out a rate of £11 per hour.

The tribunal held that it lacked jurisdiction to hear the unfair dismissal and redundancy pay claims because the claimant did not have the requisite two years' qualifying service as an employee. The wrongful dismissal claim for notice pay also failed: the tribunal found that he had not been employed for one month, so he had no statutory entitlement to notice under section 86 Employment Rights Act 1996, and there was no evidence of a contractual notice entitlement.

The tribunal awarded £187.11 for unlawful deduction from wages. That sum comprised £77 for 7 hours worked and not paid at all, £68.31 for 25.3 hours worked but recorded on payslips at the wrong lower rate of £8.30 per hour, £18.20 for a shortfall between £91.30 shown on a payslip and £73.10 paid into the claimant's account, and £23.60 for a further shortfall between £118.69 shown on a payslip and £95.09 paid into the claimant's account.

No award was made for holiday pay because the claimant accepted that the documents indicated the £11 hourly rate included holiday pay and the tribunal found no financial loss. The breach of contract claim, said to arise from an alleged promise of more work, was dismissed because there was insufficient information to show any contractual entitlement and jurisdiction was unclear. No evidence was presented for any other arrears of pay or 'other payments', so those claims were dismissed.