Mr K Hulme and others v Back2Work Group Employment Service Ltd and others: 2407287/2021 and others
JUDGMENT
[1]The claim brought by the first claimant against the first respondent (Back2Work Group Employment Service Limited) is dismissed on withdrawal.[2]The first claimant succeeds in his claim for unpaid wages and unpaid holiday pay against the second respondent (Revamp Technologies (UK) Limited). The following sums are payable:a. Unpaid wages: 24 (days) x 8 (hours per day) x £9.25 (gross hourly pay) (£1,776)b. Unpaid holiday pay: 7 (days) x 8 (hours per day) x £9.25 (gross hourly pay) (£518)[3]The total payable is £2,294. The sums payable are gross and the respondent is to account to the claimant and HMRC for any tax and national insurance payable thereon. The second claimant (Ms H Hulme)[4]The claim brought by the second claimant against the second respondent (Revamp Technologies (UK) Limited) is dismissed on withdrawal.[5]The second claimant succeeds in her claim for unpaid wages and unpaid holiday pay against the first respondent (Back2Work Group Employment Service Limited). The following sums are payable:a. Unpaid wages: 24 (days) x 7.08 (hours per day) x £9.75 (gross hourly pay) (£1,656.72)b. Unpaid holiday pay: 16 x 7.08 (hours per day) x £9.75 (gross hourly pay) (£1,104.48)[6]The total payable is £2716.20. The sums payable are gross and the respondent is to account to the claimant and HMRC for any tax and national insurance payable thereon. The third claimant (Mr B Ward)[7]The third claimant’s claim for unfair dismissal is dismissed on withdrawal.[8]The correct name of the third claimant’s employer is Back2Work Group Employment Service Limited. The third claimant only brought a claim against the third respondent (Adstrad Employment Services Limited). For reasons given at the hearing the third claimant’s claim is amended to be brought against Back2Work Group Employment Service Limited only, which substitutes the claim brought against Adstrad Employment Services Limited.[9]As the third claimant’s claim was served on the incorrect respondent, this claim will now be served on the substituted and correct respondent/employer. Determination of his claims will have to wait until Back2Work Group Employment Service Limited has had the opportunity to respond to his claim. If no response is received, the tribunal may consider determining his claim using the Rule 21 Procedure.