Claimant v Bkind Care Ltd
Outcome
Individual claims
The tribunal found that the respondent had made unlawful deductions from the claimant's wages, awarding the gross sum of £5213.82 to remedy this breach.
The claimant's complaint of dismissal under Section 103A (automatic unfair dismissal for making a protected disclosure) was dismissed by the tribunal.
The claimant's complaint of detriment, likely related to whistleblowing, was dismissed by the tribunal.
The tribunal dismissed the claimant's equal pay complaint, finding no breach of equal pay provisions.
Facts
The claimant brought claims against her former employer, a care company, including unlawful deductions from wages, automatic unfair dismissal for whistleblowing, detriment, and equal pay. The respondent failed to comply with case management orders and unreasonably failed to follow the ACAS code of practice.
Decision
The tribunal found in the claimant's favour on the unlawful deductions from wages claim, awarding £5213.82 plus a 20% ACAS uplift. The whistleblowing dismissal, detriment and equal pay claims were dismissed. A preparation time order of £200 was made against the respondent for failure to comply with case management orders.
Practical note
Unrepresented claimants can succeed on wages claims even where more complex claims fail, and tribunals will penalise respondents who fail to follow ACAS codes and case management orders with both uplifts and preparation time orders.
Award breakdown
Adjustments
Respondent unreasonably failed to follow a provision of the ACAS code, resulting in a 20% uplift of £1042.76
Legal authorities cited
Statutes
Case details
- Case number
- 1800379/2024
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Bkind Care Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No