Mr M Dey v Nasa Umbrella Limited — 2025

The claimant brought a contractual claim for two weeks' notice pay against the respondent (an umbrella company) under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. The respondent confirmed at the hearing that the claimant was its employee at the relevant time. The end-client (Capco) terminated the assignment on 9 April 2025.

The Employment Judge noted that the New Assignment Schedule referred to a two-week notice period from the agency/client to terminate the assignment, but found there was no enforceable contract between the claimant and the end-client (Capco) or the agency (Fuel Group Limited), and the agency was not joined as a respondent. The judge accepted the claimant's submission that it was misleading for the New Assignment Schedule to state this notice period as the claimant had no means of enforcing it against Capco.

The only enforceable contractual notice provision between claimant and respondent was clause 13.4.2 (one week's notice between one month and two years' continuous employment). Under clause 3.2 of the contract, basic pay was the National Minimum Wage. The claimant was therefore entitled to 5 days x 8 hours x £12.21 = £488.40 gross in lieu of notice. The claimant must account to HMRC for tax.