Claimant v Fanco Limited T/A 365 Medi Care Homecare Manchester South
Outcome
Individual claims
The tribunal found that the claimant suffered an unauthorised deduction of pay. The respondent was ordered to pay £250 net to compensate the claimant for financial loss attributable to the unauthorised deduction.
The tribunal found that the claimant was paid her full holiday entitlement. The respondent did pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, so the claim was dismissed.
The tribunal found that the claimant resigned without giving the respondent notice on 2 February 2024, meaning there was no wrongful dismissal. The claim for notice pay was therefore dismissed.
The claimant's claim for other payments was dismissed without further details specified in the judgment.
Facts
Sarah Anderton resigned from her employment with Fanco Limited (trading as 365 Medi Care Homecare Manchester South), a healthcare provider, on 2 February 2024 without giving notice. She brought claims for unauthorised deduction of wages, holiday pay, wrongful dismissal (notice pay), and other payments. The claimant did not attend the hearing held remotely on 13 March 2025, while the respondent was represented by its Operations Director.
Decision
The tribunal found that the claimant succeeded in her claim for unauthorised deduction of wages and was awarded £250 net compensation. However, her claims for holiday pay, wrongful dismissal, and other payments all failed. The tribunal found she had been paid her full holiday entitlement and that she resigned without notice, precluding any claim for notice pay.
Practical note
A claimant who resigns without giving contractual notice cannot succeed in a claim for notice pay, and employers must ensure wage deductions are properly authorised even where the employment relationship ends by resignation.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2402412/2024
- Decision date
- 13 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No