Claimant v E2E Homecare Limited

The tribunal found the claimants were employed on a flexible hours contract paying £12 per hour for hours worked, not the original 39-40 hour contract. The claimants accepted they were paid £12 per hour for all hours actually worked, so no unlawful deduction occurred.

The respondent admitted failing to pay accrued but untaken holiday pay on termination. The tribunal calculated the entitlement based on the flexible contract terms (hours worked over previous 52 weeks). Ms Magomana awarded £585.48 and Ms Dhirawu awarded £578.40.

The tribunal found the claimants were paid what was properly payable under the flexible contract (£12 per hour for hours worked). There was no breach of contract regarding wages.

Ms Magomana's claim for reimbursement of £12.99 for PPE (gloves) failed because the receipt only showed 'miscellaneous', there was no evidence she requested reimbursement, and there was no express contractual term requiring reimbursement.

The claim for failure to provide written statement of particulars under s.1 ERA 1996 failed because the tribunal found the claimants were given and signed a contract of employment (the Original Contract) prior to starting work in the UK.

The claim for failure to provide amended written particulars under s.4 ERA 1996 failed because the tribunal found the claimants were given and signed the Flexible Contract when their circumstances changed (inability to drive).

The notice pay claim failed because the tribunal found the claimants themselves terminated their contracts without notice on 10-11 September 2024 by requesting to be removed from the rota. Employees who resign without notice are not entitled to notice pay.