Claimant v Care Connect Cheshire Ltd
Outcome
Individual claims
The Tribunal found that the claimant signed written agreements permitting deductions for car purchase costs, sponsorship fees, and associated employment costs. All deductions were authorised under s.13(1)(a) or s.13(1)(b) of the Employment Rights Act 1996. The claimant was paid the correct hourly rate for bank holidays. Travel time was incorporated into the 10 hours paid per day, and the claimant provided no evidence that she spent more time travelling than was accounted for in her pay.
The claimant resigned on 28 June 2024, two days before the end of the leave year (30 June). She had accrued but not taken 19 days' leave, which was lost because the contract did not permit carry-over and she did not fall within the Stringer exception (sickness absence). In the new leave year (from 1 July 2024) before her termination on 26 July 2024, she accrued approximately 2 days and was given 3 days' leave (24-26 July), so she received more than her accrued entitlement on termination.
Facts
The claimant, a care assistant employed by a domiciliary care provider from September 2023 to July 2024, was sponsored from Africa. She signed agreements permitting deductions for car purchase costs, visa fees, and certificate of sponsorship costs. She worked split shifts totalling 10 hours per day (including travel time), visiting clients in their homes. She resigned with 19 days of accrued but untaken annual leave. She claimed unlawful deductions for underpayment of bank holiday pay, travel time, sponsorship costs, car purchase costs, and unpaid holiday pay on termination.
Decision
The Tribunal dismissed all claims. The claimant had signed written agreements authorising all deductions, making them lawful under s.13 ERA 1996. The bank holiday pay was correctly calculated. Travel time was already incorporated into her paid hours and she provided no evidence of longer travel. The 19 days of accrued leave was lost at the end of the leave year (30 June 2024) because the contract did not permit carry-over, and she received more than her accrued entitlement on termination in the new leave year.
Practical note
Written contractual terms permitting deductions (including for car purchase schemes and sponsorship costs) will be lawful under s.13 ERA 1996 if signed by the employee, and employees cannot claim unpaid holiday pay for leave lost at the end of a leave year unless they fall within the Stringer exception (sickness absence preventing leave-taking).
Legal authorities cited
Statutes
Case details
- Case number
- 2407172/2024
- Decision date
- 21 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Care Assistant
- Service
- 10 months
Claimant representation
- Represented
- No