Claimant v Phoenix Care Limited T/A Last Minute Care and Nursing
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages during the period 25 September 2023 to 2 February 2024, and ordered payment of the gross sum deducted of £5918.36.
The tribunal found the respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, and awarded £833.70 for unpaid holiday pay.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars under section 38 Employment Act 2002, and awarded four weeks' gross pay totalling £1588.08 as there were no exceptional circumstances making an award unjust or inequitable.
The tribunal found the complaint of direct race discrimination was not well-founded and dismissed the claim.
The tribunal found the complaint of direct religious belief discrimination was not well-founded and dismissed the claim.
The tribunal found the complaint of direct sex discrimination was not well-founded and dismissed the claim.
The tribunal found the complaint of harassment related to race was not well-founded and dismissed the claim.
The tribunal found the complaint of harassment related to religious belief was not well-founded and dismissed the claim.
The tribunal found the complaint of harassment related to sex was not well-founded and dismissed the claim.
Facts
Ms Singh was employed by Phoenix Care Limited (a care and nursing provider) and brought claims against the company and two individuals, Muhammad Imran and Usman Raza. She alleged unlawful deductions from wages during the period 25 September 2023 to 2 February 2024, failure to pay holiday pay, and failure to provide written employment particulars. She also brought discrimination and harassment claims based on race, religion, and sex. The hearing lasted five days.
Decision
The tribunal upheld the claimant's wage deduction claim (awarding £5918.36), holiday pay claim (awarding £833.70), and claim for failure to provide written employment particulars (awarding 4 weeks' pay of £1588.08). However, all discrimination and harassment claims based on race, religion, and sex were dismissed as not well-founded.
Practical note
Even when discrimination claims fail, employers in the care sector can face significant financial penalties for basic employment law breaches including wage deductions, holiday pay failures, and failure to provide written particulars, particularly when the claimant represents themselves successfully on the contractual claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1811258/2024
- Decision date
- 28 July 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No