Mr R Bone v Danbro Employment Umbrella Ltd — 2021

The claimant, Mr R Bone, worked for Danbro Employment Umbrella Limited from 13 February 2012 and was continuously assigned to Ford until that assignment ended on 31 July 2020. The tribunal found that he was not provided with any further assignments after that date. It also recorded that his contract guaranteed a minimum of 336 hours' pay per year at national minimum wage, but that he in practice worked 37.5 hours each week while on assignment and would have exceeded the minimum payment guarantee after nine weeks' work.

Applying ss.147 and 148 ERA 1996, the tribunal found that the claimant was laid off because he was not provided with work for more than four consecutive weeks before serving notice, or for a series of more than six weeks within a 13-week period. He served written notice of eligibility for redundancy on 14 October 2020. The respondent replied by email on 19 October 2020, but the tribunal found that this did not amount to a counter notice under s.149 ERA 1996, and the respondent did not indicate that there was a likelihood of full employment under s.152 ERA 1996.

The tribunal found that the claimant resigned on 22 October 2020, with notice expiring on 29 October 2020, and that he was therefore entitled to a redundancy payment under s.135(1)(b) ERA 1996. It ordered the respondent to pay £6,456.00, calculated as £538 multiplied by 8 and then by 1.5.