Claimant v Infinite Intermediate Care Ltd

The tribunal found insufficient evidence to satisfy the burden of proof under s.136(2) Equality Act. The evidence regarding the claimant not being allocated work upon return from holiday was confused and incomplete. There was no sufficient evidence to suggest treatment had anything to do with her Hungarian race. The tribunal considered it most likely the respondent learned she had moved to a different employer and the care contract was transferring.

The tribunal did not find facts sufficient to satisfy s.136(2) Equality Act. The claimant's allegations that not offering her work was racial harassment lacked evidential support. The confused and incomplete evidence regarding what happened when she returned from holiday did not establish that any treatment created a hostile environment because of her Hungarian ethnicity.

The tribunal found the claimant took 28 days holiday between 25 January and 27 March 2024 as listed in her witness statement. The payslips showed no payment for any of those days. She was entitled to be paid at £110 per day for those holidays taken. The respondent's contractual term attempting to forfeit holiday pay was not incorporated into her contract and, in any event, applied to accrued untaken holiday rights, not holidays already taken.

The tribunal found the claimant was underpaid in three months. In January 2024 she worked 15 days but was paid for only 14.5 days at £90/day instead of £110/day (shortfall £345). In February she worked 17 days but was paid for only 14.17 days at the wrong rate (shortfall £595). In March she worked 15 days and 2 hours but was paid for only 13 days at the wrong rate (shortfall £502). These were unlawful deductions under Part II Employment Rights Act 1996.

The claim for wages during notice period failed. The tribunal found neither party gave notice and the zero hours contract ended by mutual conduct in mid-April 2024 when the claimant moved to a new employer. As a zero hours worker, the claimant had no right to receive work or pay during any notice period.