Mrs R Webb and others v Carby Community Care Ltd: 2301233/2019 and others

EMPLOYMENT TRIBUNALS

Case No 2301233/2019, 2301364/2019, 2301644/2019

Between

Mrs R Webb and othersClaimant

Carby Community Care LtdRespondent

Before

Employment Judge Clarke

In person for claimant

Not represented for respondent

Date 4 May 2021

JUDGMENT

[1]

(1) For the avoidance of doubt, the name of the Respondent is amended to Carby Community Care Limited.

(2) The First Claimant (Mrs Webb)’s claim that the Respondent had made an unlawful deduction from her wages pursuant to section 13(1) of the Employment Rights Act by failing to pay her the national minimum wage pursuant to the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 is unfounded. This means that her claim is dismissed.

(3) The Second Claimant (Miss Seaward)’s claim that the Respondent had breached her contract of employment by failing to pay her the national minimum wage pursuant to the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 is well founded. This means that her claim succeeds.

(4) The Third Claimant (Miss Oliver)’s claim that the Respondent had made an unlawful deduction from her wages pursuant to section 13(1) of the Employment Rights Act by failing to pay her the national minimum wage pursuant to the National Case Number: 2301233/2019 2301364/2019 2301644/2019 2 Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 is well founded. This means that her claim succeeds.

(5) The Respondent’s counterclaim against the Third Claimant (Miss Oliver) in respect of an overpayment of wages is unfounded and is dismissed.

(6) The Tribunal will decide the quantum of the Second and Third Claimant’s claims at a later date on paper. The parties will be sent a separate case management order setting out the required steps to be taken in advance of that determination. Employment Judge L Clarke Date: 12th January 2021

[2]Case Number: 2301233/2019 2301364/2019 2301644/2019 1 EMPLOYMENT TRIBUNALS Claimant: Mrs R Webb (C1) Miss D Seaward (C2) Miss M Oliver (C3) Respondent: Carby Community Care Limited Heard at: London South Tribunal On: 12th January 2021 by: CVP Before: Employment Judge Clarke (sitting alone) Representation Claimant: All Claimants appeared in person Respondent: No attendance The hearing of this matter took place on 12th January 2021 and judgment on liability was given on that date. Further directions were given on 12th January 2021 for the purposes of ascertaining quantum, to be assessed on the papers. Further to those directions the Second Claimant provided the Tribunal with a Revised Schedule of Loss but no Revised Schedule of Loss has been received from the Third Claimant. JUDGMENT ON QUANTUM The judgment of the Tribunal is that:(1) The Respondent is ordered to pay compensation to the Second Claimant (Miss Seaward) in respect of her claim for breach of contract by failure to pay the national minimum wage in the sum of £3,531.65 (gross) calculated as follows: Case Number: 2301233/2019 2301364/2019 2301644/2019 2 A B C D E F Pay Ref period Total hours worked duringpay ref period (contracted hours plus on call hours) Total gross pay for the pay ref period (£) Min hourly pay due (£) Total min wage due (column B x Column C) (£) Underpaid wages (column E minus column C) (£) Jan 18 232 1,816.67 7.50 1,740.00 0 Feb 18 232 1,816.67 7.50 1,740.00 0 Mar 18 200 1,649.99 7.50 1,500.00 0 April 18 272 1,623.33 7.83 2,129.76 506.43 May 18 200 1,397.83 7.83 1,566.00 168.17 Jun 18 200 1,397.83 7.83 1,566.00 168.17 July 18 304 1,569.83 7.83 2,380.32 810.49 Aug 18 192 1,419.33 7.83 1,503.36 84.03 Sept 18 240 1,397.83 7.83 1,879.20 481.37 Oct 18 192 1,397.83 7.83 1,503.36 0 Nov 18 232 1,483.33 7.83 1,816.56 333.23 Dec 18 232 1,419.33 7.83 1,816.56 397.23 Jan 19 160 1,333.33 7.83 1252.80 0 Feb 19 208 1,462.33 7.83 1,628.64 166.31 March 19 72 147.54 7.83 563.76 416.22 TOTAL 3,531.65

(2) Pursuant to Paragraph 4 of the Directions dated 12th January 2021, the Third Defendant (Miss Oliver’s) having failed to provide a Revised Schedule of Loss, the Third Claimant’s claim for an unlawful deduction of wages is assessed at £0.00.