Cases2501634/2023

Claimant v Miracle Centre Limited (t/a Miracle Care Centre)

11 April 2024Before Employment Judge O'DempseyNewcastle Upon Tynein person

Outcome

Claimant succeeds£12,527

Individual claims

Breach of Contractsucceeded

The tribunal found that the respondent failed to provide proper notice pay under section 86 ERA to claimants 1, 2, and 4. The awards reflect the statutory minimum notice entitlements that should have been paid upon termination.

Unlawful Deduction from Wagessucceeded

The tribunal found multiple categories of unlawful deductions: unauthorised and unnotified deductions from wages (s12 & 13 ERA), failure to pay team leader rates, and improper cancellation fee deductions. All four claimants succeeded on various aspects of these claims.

Holiday Paysucceeded

The tribunal found that all four claimants had outstanding holiday pay at termination under regulation 14 Working Time Regulations 1998 and s13 ERA. The awards reflect accrued but untaken holiday entitlement that should have been paid on termination.

Othersucceeded

Claims for failure to provide written particulars and particulars of change under s1 and s4 ERA 1996 and s38 Employment Act 2002 succeeded for all claimants. Awards ranged from £1200 to £2400 reflecting the tribunal's assessment under the statutory scheme for failure to provide written terms.

Facts

Four care workers employed by Miracle Care Centre brought claims relating to multiple employment rights breaches. The claims concerned failure to provide written particulars of employment, unpaid notice pay, unauthorised deductions from wages (including cancellation fees and failure to pay team leader rates), and outstanding holiday pay at termination. The hearing took place over two days with both parties legally represented.

Decision

The tribunal found in favour of all four claimants on all claims. The respondent had systematically failed to comply with basic employment law obligations including providing written terms, paying proper notice, avoiding unlawful deductions, and paying accrued holiday. Total awards ranged from £2,180.60 to £4,303.53 per claimant.

Practical note

Employers in the care sector must ensure compliance with fundamental employment rights including written terms, proper wage payments, statutory notice, and holiday pay - systematic failures across multiple employees can result in substantial aggregate liability.

Award breakdown

Holiday pay£2,233
Unpaid wages£2,243

Legal authorities cited

Statutes

ERA 1996 s.86ERA 1996 s.1Working Time Regulations 1998 regulation 14Employment Act 2002 s.38ERA 1996 s.4ERA 1996 s.12ERA 1996 s.13

Case details

Case number
2501634/2023
Decision date
11 April 2024
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Employment details

Role
care workers / team leaders

Claimant representation

Represented
Yes
Rep type
barrister