Mrs K Dec v G Rose Care Ltd T/a Lavender Lodge Care Home: 2414318/2019
JUDGMENT
[1]The title of the respondent in these proceedings is amended to G Rose Care Ltd t/a Lavender Lodge Care Home to reflect the proper corporate title of the company that employed the claimant.[2]The reference made under section 11 Employment Rights Act 1996 in respect of payslips is not well founded. Under section 11(3)(b) the Tribunal has no power to determine the accuracy of an amount stated on the payslip.[3]The complaint of unauthorised deductions from pay is well founded. The respondent is ordered to pay the claimant the total gross sum of £335.00 which is made up of the following:(a) The sum of £64 deducted in respect of DBS fees;(b) The sum of £96 owed in respect of hours worked, and(c) The sum of £175 under section 24(2) Employment Rights Act 1996 as an amount appropriate in all the circumstances to compensate the claimant for financial loss (in the form of reduction in her Universal Credit) attributable to those deductions.[4]If the claimant wishes to make an application for the respondent to reimburse the expenses incurred in attending the hearing today she should do so in writing (sending a copy to the respondent) within 14 days of when this judgment is sent to the parties. I will deal with that application on paper once the respondent has had 14 days to respond to it. Case No. 2414318/2019 Postscript After judgment as above was delivered in the hearing, it transpired that the respondent’s representative had been in Alexandra House but delayed by security procedures. The hearing had gone ahead in the absence of Ms Pollard and her colleague. That can be put right by a reconsideration application which should be made in writing (copied to the claimant) within 14 days of the date this judgment is sent to the parties. The claimant should respond to any application promptly. If this judgment is revoked the hearing will take place afresh before me at 10am on Tuesday 5 May 2020.