In person For the v Justine Dawson (representative) — 2020

The claim was for unlawful deduction from wages under s.13 of the Employment Rights Act. Mr James said he had agreed through the recruitment agency LNS to work as a Lagger at £20 per hour gross as an employee. The respondent accepted that employment with it started on 2 September 2019. The tribunal applied an objective approach to the absence of a formal written term, referring to Marks & Spencer v BNP Paribas [2015], and considered what reasonable people in the parties' position would have agreed.

The tribunal found that the discussion between Mr James and the recruitment agent was about a gross hourly amount, and that Mr James was due to be paid £20 per hour gross from 2 September to 9 September 2019. It found that the later communication on 10 September made clear that if he was to be treated and paid as an employee the rate would be £15.33 gross per hour. On that basis, the tribunal found a contract of employment had arisen on 2 September 2019 at £20 gross per hour for the first week.

For that first week, the tribunal accepted the claimant's schedule showing 45.5 hours worked, giving a gross amount of £910 and an approximate net amount of £820. It noted that Mr James had in fact been paid £689.85 for the week. The resulting loss was calculated at £130.15, and judgment was entered for that sum.

The tribunal found that from 10 September onwards the respondent had paid Mr James in accordance with the rate that had been made clear to him, namely £15.33 gross per hour. It therefore concluded that no other sum was due and owing beyond the £130.15 awarded for the first week.