Cases2304156/2024

Claimant v Home Comfort Care Agency Limited

7 January 2025Before Employment Judge R EvansLondon Southremote video

Outcome

Claimant succeeds£1,537

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint of unauthorised deductions from wages was well-founded and ordered the respondent to pay the gross sum of £354.75 that had been deducted from the claimant's wages.

Holiday Paysucceeded

The tribunal found the complaint in respect of holiday pay was well-founded. The respondent had failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, and was ordered to pay £1182.50.

Facts

Miss Jalloh brought claims against her former employer, Home Comfort Care Agency Limited, for unauthorised deductions from wages and unpaid holiday pay. The respondent did not attend the hearing and was not represented. The claimant was represented by a friend, Mr Sowah. The tribunal heard the case by video on 7 January 2025.

Decision

The tribunal found both claims well-founded. The respondent was ordered to pay £354.75 in respect of unauthorised wage deductions and £1182.50 for failure to pay holiday pay in accordance with the Working Time Regulations 1998. The total award was £1537.25 gross.

Practical note

Employers who fail to attend tribunal hearings in wage and holiday pay claims risk default judgments where the tribunal finds the claims well-founded on the evidence presented.

Award breakdown

Holiday pay£1,183
Unpaid wages£355

Legal authorities cited

Statutes

Working Time Regulations 1998 regulation 14(2)Working Time Regulations 1998 regulation 16(1)

Case details

Case number
2304156/2024
Decision date
7 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
Yes
Rep type
lay rep