Claimant v J & Y Webber Services Ltd T/a Bluebird Care Lincoln
Outcome
Individual claims
The claimant's contract guaranteed a minimum of 25 hours per week. Between 1-7 February 2024, she made herself available for work but her employer cancelled her return to work meeting and did not respond to communications. The tribunal found she was entitled to be paid for the guaranteed 25 hours in accordance with her contract terms.
The employer underpaid the claimant for holidays she had previously taken. The employer calculated the underpayment amount, prepared a payslip, and wrongly told HMRC it had been paid, but never actually paid the claimant. The tribunal found these were wages owed to her for underpayment of holiday pay already taken.
Dismissed on withdrawal by the claimant. The claim related to a reduction in Universal Credit. The tribunal ordered payment of holiday pay that had led to the reduction, and advised the claimant could inform Universal Credit if the payment was not made.
Facts
The claimant worked for Bluebird Care Lincoln under a flexible contract guaranteeing minimum 25 hours per week. In early February 2024, her employer cancelled a return to work meeting and stopped responding to communications, despite her being available for work. The employer had also underpaid her for holidays previously taken, calculated the shortfall, prepared a payslip, and reported payment to HMRC, but never actually paid her. The respondent company entered voluntary liquidation and did not attend the hearing.
Decision
The tribunal found the respondent made unauthorised deductions from wages by failing to pay the guaranteed 25 hours when the claimant made herself available for work but the employer failed to provide it. The tribunal also found the employer owed holiday pay for previous underpayments that had been calculated but never paid. Total award of £528.43 comprising £365.25 unpaid wages and £163.18 holiday pay.
Practical note
Contractual guarantees of minimum hours must be honoured even when an employer fails to provide work, and calculated holiday pay shortfalls that are reported to HMRC but not paid constitute unlawful deductions from wages.
Award breakdown
Case details
- Case number
- 6002126/2024
- Decision date
- 10 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No