Claimant v Miracle Centre Limited (t/a Miracle Care Centre)
Outcome
Individual claims
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.
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.
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.
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
Legal authorities cited
Statutes
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