Miss S Hunt v Ashmore Care Limited FINAL HEARING — 2019

Employment Judge Camp, sitting alone at Birmingham on 19 September 2019, found that Miss Hunt was dismissed on 12 May 2019 and not before. Her salary at all relevant times was £22,000 per annum, equivalent to £421.94 per week. The tribunal also allowed the respondent to rely on Mr Huckerby's statement and attached documents notwithstanding the respondent's failure to comply with the case management order for their provision.

The tribunal upheld the claim for unauthorised deductions from wages and ordered Ashmore Care Limited to pay £3,796.42. That sum comprised salary from 1 April to 12 May 2019 (£2,531.64), on-call payments (£697.50), and additional care hours outside salaried hours (£567.28). The judgment also recorded that, because of section 25(4) of the Employment Rights Act 1996, the respondent could not recover certain sums from the claimant by set-off or otherwise, including amounts said to relate to loans or cash advances, a tablet computer, service visits, and mileage.

The tribunal further found that the respondent breached the claimant's contract of employment by failing to give her notice of dismissal or pay her in lieu of notice, and awarded £421.94, being one week's gross pay. It also awarded £822.80 for accrued but untaken annual leave under the Working Time Regulations 1998, assessed as 9.75 days' pay. The total sum payable by the respondent was £5,041.16.