Claimant v Parasol Limited — 2021

The claimant presented a complaint of non-payment of notice pay on 8 March 2021, which the tribunal treated as an unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996. The respondent, Parasol Limited, did not submit an ET3 response or attend the hearing. The claimant gave evidence in person, and the employment judge said the factual findings in the decision were made on the basis of the claimant's evidence only, which was not contested or challenged.

The tribunal did not make a final merits decision on the notice pay claim at this hearing. Instead, it considered whether additional parties should be joined so that the claimant's employment status and any entitlement to notice pay could be properly determined. On the claimant's evidence, the tribunal was satisfied that Aberdeen Standard Investments Limited should be added as a respondent because the claimant worked for and reported to that company, and Laura Tibbits, a permanent employee, handled his day-to-day management including sickness absence, holiday, grievances, and disciplinary matters.

The tribunal declined to join Henderson Scott Ltd or Experis. It recorded that, beyond providing details of the assignment or confirming its termination, the claimant had no further communications from the recruitment agency, and it was not satisfied that there was a reasonable prospect of showing that he was an employee or worker of those entities. The hearing concluded with case management orders for service of the ET1 and response documents on Aberdeen Standard Investments Limited and a 28-day period for that respondent to file an ET3. No award was made in this judgment.