Mr Grenville Dias v Total Facilities Recruitment Ltd and 1 other — 2023

The tribunal found that Mr Grenville Dias was engaged by Total Facilities Recruitment Ltd under a contract for services as an agency worker, not under a contract of employment, and rejected his case that he had a guaranteed six-month role with 40 hours per week. It also rejected any wider employment claim against Clipper Contracting Group Ltd, and the claims against that respondent were dismissed.

On the evidence about the placement at Watford General Hospital, the tribunal accepted the hirer's records and found that the claimant worked 23.5 hours from 4 to 6 October 2023. It accepted that the site required a Level 4 Food Safety certificate, that the claimant was chased for the document, and that he was sent home without pay on 6 October after he had not produced it.

The tribunal found that deductions from the claimant's gross pay for Employer's National Insurance, an apprenticeship levy and a management margin were not authorised by any written agreement or relevant assignment schedule. It therefore upheld the unauthorised deductions claim against the first respondent and calculated the amount due as £480.81 for hours worked plus £58.03 rolled-up holiday pay, making £538.84 gross, subject to tax and National Insurance, with credit for £370.89 already paid net.

The remaining claims were dismissed. The breach of contract claim for notice pay and the separate holiday pay claim were dismissed, as was the redundancy payment claim because the claimant did not have the requisite two years' continuous service. The discrimination claims were also dismissed because, despite being given an opportunity to explain them, the claimant did not advance a discrimination case.