Mr K Abayomi v Cordant Security Ltd — 2021

The claimant alleged that he had been promised regular work and did not receive the income he expected. The tribunal found that he had completed and been paid for one training shift, and that his written contract guaranteed 366 hours over a one-year measurement period but did not oblige the respondent to provide work at particular intervals or in particular weeks or months.

The tribunal found that the claimant was not contacted in early May because no work was available during the early lockdown period, and that later attempts were made by the respondent to offer him shifts. The claimant did not reply promptly, and the respondent later decided he had not passed probation and terminated the employment.

The tribunal found that the written contract was not a sham and reflected the agreement between the parties. It held that there was no breach of contract in relation to offering work or paying for work performed, and that the unauthorised deduction from wages claim failed because there was no unpaid work for which the claimant had not received the correct sums.