Claimant v White & Sterling Residential Care Limited
Outcome
Individual claims
The tribunal found that the claimant worked specific hours on five dates in December 2023 (20th, 21st, 22nd, 25th and 26th December) but was not paid for those hours. The claimant was entitled to his basic hourly rate of £11 per hour, with enhanced 1.5x rate for Christmas Day and Boxing Day. The respondent failed to attend the hearing to contest the claim.
Facts
The claimant worked as a care worker for a residential care company. Over five days in December 2023 (20th, 21st, 22nd, 25th and 26th December), the claimant worked shifts totalling approximately 61 hours but was not paid for any of these hours. His contractual hourly rate was £11 per hour, with an enhanced 1.5x rate applicable for Christmas Day and Boxing Day.
Decision
The tribunal found in favour of the claimant on his claim for unauthorised deduction from wages. The respondent failed to attend the hearing. The tribunal ordered the respondent to pay £815.32 for the unpaid hours worked, calculated at the contractual rate with enhanced pay for the two bank holidays.
Practical note
Employers in the care sector must ensure accurate recording and payment of hours worked, particularly during holiday periods when enhanced rates may apply, or face liability for unlawful deduction of wages claims.
Award breakdown
Case details
- Case number
- 3305883/2024
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No