Claimant v B

The tribunal found the principal reason for dismissal was that the claimant had made protected disclosures. The respondent dismissed the claimant for 'gross insubordination' which referred to the claimant raising concerns about the use of the Peristeen bowel irrigation kit without medical supervision (PD4) and the COVID disclosure (PD2). The respondent was annoyed and affronted by the claimant telling her how to manage her own care. This was the reason operating on the respondent's mind.

D1 (pay reduction of £100 per week from November 2020): The tribunal found this was not a reduction in hours but a 'punishment' following protected disclosures PD2 and PD4. The respondent stopped making allowances for the claimant as a friend and reduced her pay from £480 to £380 per week despite the claimant continuing to work the same 24-hour shifts. The protected disclosures were a material influence on the decision to reduce pay.

The claimant's employment ended 45 weeks and 3 days into her holiday year. She had accrued 4.8 weeks holiday (0.87 of the full year entitlement of 5.6 weeks). She had taken 3 weeks. Therefore 1.8 weeks remained unpaid. The respondent failed to pay this accrued but untaken holiday pay on termination.

The claimant's contractual hours from August 2020 were 48 hours per week (2 x 24 hour days at £10 per hour = £480 per week). From the payslip dated 27 November 2020, she was paid only £380 per week (38 hours). This constituted an unauthorised deduction of £100 per week. The tribunal found she was entitled to be paid for 24 hours per day whether she slept over or not.

The claimant claimed the respondent underpaid notice pay by £200. However, her contractual and statutory notice entitlement was 1 week (£480). She was paid £760 in lieu of notice, which exceeded her contractual entitlement. On the requirement to sleep over from November, the tribunal found this was within the contract which required 24-hour cover, and the pay from August reflected this. The respondent simply stopped the initial 'friend' allowance of not requiring sleepovers. No breach of contract found.