Claimant v LJ Sure Mercies Care Limited
Outcome
Individual claims
Claim for 200 hours unpaid wages from 1 August to 6 September 2023 was brought significantly out of time, did not form part of a series of deductions, and it was reasonably practicable to bring the claim in time. Tribunal had no jurisdiction.
Claim for 40 hours unpaid wages during one week suspension from 31 December 2023 was out of time, did not form a sufficient factual series with later deductions (different legal basis), and it was reasonably practicable to bring claim in time. Tribunal had no jurisdiction.
Respondent failed to pay claimant contractual 40 hours per week from 6 January 2024 to 15 August 2024. Purported contractual variation to zero hours was not valid—email obtained under duress with no real alternative given claimant's visa sponsorship situation. Claimant remained ready, willing and able to work. Total deduction approximately 687.30 hours found unlawful and in time as part of a series.
Respondent accepted claimant entitled to one week's notice pay (40 hours) but only paid 15 hours. Outstanding 25 hours represent breach of contract, claim brought in time.
Facts
Claimant, a Ghanaian care worker employed on a Skilled Worker visa, was contracted for 40 hours per week from August 2023 but was not paid for initial five weeks (treated as training). After early concerns about insufficient work, he was suspended in December 2023 without pay. In January 2024, following a disciplinary meeting, he was pressured to agree to a zero hours contract or risk losing his sponsorship. He was subsequently paid for fewer than his contractual 40 hours per week until dismissal in August 2024, despite taking only 18 hours per week secondary employment permitted under his visa.
Decision
Tribunal found claims for early deductions out of time and dismissed for lack of jurisdiction. Main claim for unpaid wages from January 2024 onwards succeeded: purported variation to zero hours contract was obtained under duress and invalid; claimant remained entitled to 40 hours per week and was ready, willing and able to work. Breach of contract claim for underpaid notice succeeded. Respondent ordered to pay for approximately 712 hours of unlawful deductions plus two weeks' pay under s.38 EA 2002 for failure to provide written particulars. Remedy hearing listed if parties cannot agree quantum.
Practical note
A contractual variation obtained by threatening a sponsored migrant worker with loss of their visa sponsorship will be unenforceable as made under duress where the worker has no real alternative, even if they sign written confirmation.
Legal authorities cited
Statutes
Case details
- Case number
- 6016847/2024
- Decision date
- 11 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Care Worker
- Service
- 1 years
Claimant representation
- Represented
- No