Amissah & Ors v London Underground Limited, Employment Appeal Tribunal, 13 December 2016

The 30 claimants were agency workers hired by London Underground. They performed the same work as the respondent’s own staff yet in breach of Article 5 of the Agency Workers Regulations 2010, were not accorded equal contractual terms regarding pay. The claimants are each owed approximately ten months pay yet there is no prospect of recovering this from their employer temporary work agency (Trainpeople.co.uk) which has been dissolved. Having found that London Underground and Trainpeople.co.uk were equally responsible for the breach of Article 5, the Central London Employment Tribunal nonetheless proceeded to order London Underground to compensate the claimants no more than the statutory minimum of two weeks’ pay. The claimants appealed on the basis that the Tribunal misdirected itself regarding the assessment of compensation. Mitting J allowed the appeal and remitted the matter to a fresh tribunal for the issue of remedy to be looked at again. David Mitchell, instructed by David Winston of Waring & Co. solicitors, acted for the group of claimants.