Ms M Singh v Phoenix Care Ltd T/a Last Minute Care and Nursing and Others: 1811258/2024 and 1811259/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 25 September 2023 to 2 February 2024.[2]The respondent shall pay the claimant £5918.36, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[4]The respondent shall pay the claimant £833.70. The claimant is responsible for paying any tax or National Insurance. Case number: 1811258/2024 1811259/2024 Failure to provide a written statement of employment particulars[5]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1588.08. Direct discrimination[6]The complaints of direct race, religious belief and sex discrimination are not well-founded and are dismissed. Harassment[7]The complaints of harassment related to race, religious belief and sex are not well-founded and are dismissed. Date: 28 July 2025