Cases6003441/2025

Claimant v Destiney Social Care Provider Ltd

23 June 2025Before Employment Judge D N Jonesremote video

Outcome

Claimant succeeds£2,505

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages for September 2024 (£1,465.66) and October 2024 (£748.96), totalling £2,214.62. The respondent did not attend to contest the claim.

Breach of Contractsucceeded

The claim form was amended to include a claim for breach of contract relating to reimbursement of mileage expenses. The tribunal found the respondent breached the contract of employment regarding this term and awarded damages of £290.50.

Facts

Mrs Obilor brought claims against her employer, Destiney Social Care Provider Ltd, for unauthorised deductions from wages for September and October 2024 and for breach of contract relating to unpaid mileage expenses. The respondent did not attend the hearing. The claim form was amended during the hearing to include the breach of contract claim for mileage reimbursement.

Decision

The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £2,214.62 for unauthorised wage deductions and £290.50 as damages for breach of contract regarding mileage expenses, totalling £2,505.12. The respondent's non-attendance meant the claims were uncontested.

Practical note

Employers in the care sector who fail to pay wages and contractual expenses risk default judgments when they do not defend claims, with tribunals awarding full amounts claimed by unrepresented claimants.

Award breakdown

Unpaid wages£2,215

Case details

Case number
6003441/2025
Decision date
23 June 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No