Cases1811258/2024

Claimant v Phoenix Care Limited T/A Last Minute Care and Nursing

28 July 2025Before Employment Judge MillerLeedsin person

Outcome

Partly successful£8,340

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Holiday Paysucceeded

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.

Othersucceeded

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.

Direct Discrimination(race)failed

The tribunal found the complaint of direct race discrimination was not well-founded and dismissed the claim.

Direct Discrimination(religion)failed

The tribunal found the complaint of direct religious belief discrimination was not well-founded and dismissed the claim.

Direct Discrimination(sex)failed

The tribunal found the complaint of direct sex discrimination was not well-founded and dismissed the claim.

Harassment(race)failed

The tribunal found the complaint of harassment related to race was not well-founded and dismissed the claim.

Harassment(religion)failed

The tribunal found the complaint of harassment related to religious belief was not well-founded and dismissed the claim.

Harassment(sex)failed

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

Holiday pay£834
Unpaid wages£5,918

Legal authorities cited

Statutes

Working Time Regulations 1998 reg 14(2)Working Time Regulations 1998 reg 16(1)Employment Act 2002 s.38

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