Claimant v Golden Hands Home Care Ltd (in creditors voluntary liquidation)
Outcome
Individual claims
The tribunal found that the claimant was not paid her full wages between January 2024 and June 2024. The respondent failed to pay the difference between what should have been paid after deductions and what was actually received, amounting to £7,169.48 net.
The tribunal found that the claimant had accrued 12 days of untaken annual leave at termination which had not been paid by the respondent, resulting in an award of £1,716.92 gross.
The respondent failed to provide the claimant with a written statement of particulars of employment as required by law. Under section 38 of the Employment Act 2002, the tribunal awarded two weeks' pay as compensation for this failure.
Facts
Mrs Pamatmat worked for Golden Hands Home Care Ltd, a home care company now in creditors voluntary liquidation. Between January 2024 and June 2024, the respondent failed to pay her full wages, resulting in a shortfall of £7,169.48 net. When her employment ended, she had 12 days of accrued but untaken annual leave that was not paid. The respondent also never provided her with a written statement of particulars of employment.
Decision
The tribunal awarded Mrs Pamatmat the full amount of unpaid wages (£7,169.48 net), holiday pay for 12 days (£1,716.92 gross), and a statutory award of two weeks' pay (£1,420.77 gross) for the respondent's failure to provide written particulars of employment. The respondent did not attend the hearing.
Practical note
Employers in financial difficulty who fail to pay wages, holiday pay, or provide basic contractual documentation will face full liability for these breaches, even if the company enters liquidation, with awards potentially recoverable through the National Insurance Fund.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6008059/2024
- Decision date
- 10 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No