In person For the v Respondent — 2019

The claimant, Mr Salvatore Casanova, brought an unlawful deduction from wages claim against Mitie Limited after a TUPE transfer on 1 April 2018. Employment Judge Alliott said the case had been prepared in a way that made it impossible to determine what sum, if any, was due and owing, so the hearing focused on disputed factual issues and the matter was adjourned generally for the parties to try to agree any deductions and, if needed, return for a further listing.

On the overtime issue, the tribunal found that the claimant's contractual entitlement remained as it had been before transfer: enhanced overtime was payable only after 39 hours worked, not after 37.5 hours. Relying on the Compass Group payroll material and the employee liability information, the judge found that Saturday work carried payment at time and a half and Sunday work at double time. The tribunal also found that where a rest day was worked, the first rest day was paid at time and a half and the second at double time, and that if a Sunday was treated as the first rest day worked, double time applied.

The tribunal also dealt with a January 2019 sickness period. It found that the respondent's handbook did not answer the point because it dealt with sickness in excess of seven days, and that the respondent had previously indicated the claimant would be paid if he self-certified the absence. The judge calculated that 3 days' pay at 7.5 hours a day and £8.75 per hour came to £196.87 gross, subject to tax and National Insurance. No final overall award was made in this judgment.