Ms Y N L Lamptey Respondent Gloucester Care Services Ltd t/a Caremark Cheltenham Gloucester and Tewkesbury v Respondent — 2025

Ms Y N L Lamptey worked for Gloucester Care Services Ltd t/a Caremark from 6 September 2022 as a domiciliary care assistant. Before she started, she asked whether driving between client calls would be paid; Ms Lambert replied that travel time between clients was paid, mileage was 45p per mile, and there was no mileage from home to the first client or from the last client home. The tribunal treated that exchange, together with industry evidence, as showing that she was not entitled to payment for the first and last journeys of the day.

On the pay claims, the tribunal preferred the claimant's detailed analysis and found that her working time between clients had been under-recorded. It awarded £4,131.90 for that shortfall and a further £304.47 for wages and mileage unpaid for 15 to 17 November 2024, which the respondent accepted had not been paid. The separate claim for fuel, car maintenance and insurance failed because the tribunal found no enforceable entitlement beyond the mileage arrangement.

Holiday pay also succeeded. Using the agreed average weekly pay of £480.17, the tribunal found the claimant should have received £5,377.90 for 11.2 weeks' holiday over the employment but had been paid £3,068.68, leaving £2,309.22 due. It also awarded £560 because the respondent had received immigration-related money from the claimant but had not passed on the full sum to the third party or refunded it, and £280 for the promised probationary bonus and DBS refund where payment was not proved.

The claim for notice pay after 17 November 2024 failed because the claimant's resignation was treated as ambiguous and the respondent was not obliged to extend employment while she took leave. The tribunal nevertheless held that non-payment for work done was a fundamental breach of contract, that unresolved short pay was a material cause of resignation, and that the unfair constructive dismissal claim succeeded. It found the written particulars failed to state key remuneration and hours terms and made a section 38 Employment Act 2002 award of four weeks' pay, £1,920.80, bringing the total to £12,737.41.