Claimant v IANS Domiciliary Care Limited

The claimant was entitled to £1863.33 gross per month. The respondent made unauthorised deductions totalling £1724.22 across October 2023 to February 2024. There was no explanation from the respondent for the deductions and no contractual or statutory provision authorising them. Only tax and national insurance deductions were permitted under the staff handbook.

The claimant was entitled to 28 days annual leave pro-rated over 6 months of employment, giving her 14 days paid leave. She was not permitted to take any holiday during her employment and was not paid for accrued leave on termination. The contract expressly provided that unused holiday would be pro-rated if employment ended part way through the holiday year.

There was an express contractual term that the claimant would be paid £1863.33 gross per month. The respondent failed to pay the full contractual salary for October 2023 to February 2024, which was outstanding when employment ended. This was a fundamental breach of the employment contract. No additional damages awarded as claimant received compensation through the unlawful deduction claim.

The respondent's counterclaim for the claimant failing to work her notice period was dismissed. The claimant gave evidence that she worked her one week notice period from 9 to 16 February 2024. Moreover, the employer had already fundamentally breached the contract by failing to pay wages, entitling the claimant to terminate. No evidence was provided by the respondent.