Ms S Williams v 365 Care Homes Ltd: 2401208/2020
JUDGMENT
Having considered the representations and documents supplied by the parties, and the parties having consented to this claim being determined by anREASONS
[1]The claimant complains of an unauthorised deduction from her wages, in that she says she worked for the respondent from 21 October 2019 until 27 October 2019 as a care assistant but was never paid for the work she did.[2]The respondent has confirmed that the claimant worked for it between those dates. On 21 October 2019, the claimant attended voluntarily for a preemployment observation which she agreed would be on an unpaid basis. Thereafter the claimant worked 3 shifts, on 23, 24 and 25 October 2019 and the respondent agreed to pay her for these shifts. The gross wages earned by the claimant for the 3 shifts, or 33 hours of work at £8.21 per hour, is £270.93 which remains unpaid.[3]However, the respondent contends that the claimant owes the respondent the cost of her DBS check and that she had previously agreed that such cost could be deducted from her wages. The respondent has produced a short agreement, signed by the claimant on 18 September 2019, to the effect that the claimant consented to the deduction of the cost of a DBS check from her first payroll wages.[4]In an email to the Tribunal dated 1 May 2020, the respondent stated that the cost of the DBS check was £74.60. Since then, the respondent has produced documents which appear to relate to a “disclosure application” in the amount of £177.60. There is nothing to suggest that this was a charge for the claimant’s DBS check and the amount is different to that which the respondent originally stated was owing. In the circumstances, the Tribunal considers that the respondent shall be entitled to retain the amount of £74.60 only in respect of the cost of the claimant’s DBS check.[5]Pursuant to section 13 of the Employment Rights Act 1996, the claimant is therefore entitled to be paid her wages in the sum of £196.33 after the cost of the DBS check is accounted for.