Mrs C Yardley v Oakworth Manor Residential Home Ltd: 1804881/2021
JUDGMENT
[1]With the agreement of the parties, the Tribunal declares that the following complaints which form part of the claimant’s claim for unauthorised deductions from wages under s13 of the Employment Rights Act 1996 succeed. The claimant is awarded £234.72 (gross) which is made up of the following amounts: 1.1. £209.76 (gross) relating to 24 hours’ induction training which she undertook from home during the period 26 to 29 May 2020; 1.2. £19.50 (gross) relating to two hours’ Falls Awareness training, which the claimant carried out in one hour blocks on 1 December and on 15 December 2020; and 1.3. £5.46 (gross) relating to the difference in pay between a ‘junior’ Carer rate and a Senior Carer rate for the claimant’s shift on 26 July 2021.[2]The claimant is responsible for any tax or employee national insurance contributions that are due for this award. Case Number: 1804881/21[3]For the avoidance of doubt, the claimant’s remaining complaints of unauthorised deductions from wages have not been determined and shall proceed to a further hearing. NOTES[4]Please refer to the separate case management orders regarding this hearing. Employment Judge Deeley[1]The Tribunal declares that the claimant’s complaint of unauthorised deductions from wages (relating to her medication training) under s13 of the Employment Rights Act 1996 succeeds.[2]The claimant is awarded £780 (gross) relating to 80 hours’ training undertaken for the qualification of TQUK Level 2 Certificate in Understanding the Safe Handling of Medication in Health and Social Care during September, October and November 2020. The claimant is responsible for any tax or employee national insurance contributions that are due in respect of this award.[3]The claimant’s complaint of under-payments of holiday pay is dismissed upon withdrawal by the claimant, following a settlement between the parties under which the respondent has paid to the claimant: 3.1. £898.53 (relating to under payments of holiday pay for 2020/21); and 3.2. £521.62 (relating to under payments of holiday pay for 2021/22). Case Number: 1804881/21 NOTES[4]Please refer to: 4.1. the case management orders issues following the initial hearing of this claim on 10 November 2021; and 4.2. the previous Judgment by Consent dated 12 November 2021 which determined the claimant’s complaints for 24 hours’ induction training and two hours’ falls awareness training.[5]The claimant stated at the end of today’s hearing that she did not wish to pursue her complaint of 2 hours’ unauthorised deductions from wages in respect of the Falls Awareness training on 1 and 15 December 2020. I note that this matter was determined in the previous Judgment by Consent and that it cannot therefore be withdrawn.