Case 1400444/2022 · Employment Tribunal
In Person First v Mr C. Thompson (friend) — 2022
- Case reference
- 1400444/2022
- Decision date
- 5 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Appearances
- Venue
- Exeter
Parties
2 namedClaimant
In Person First
Respondent
Key findings
Tribunal's reasoningMrs Kim Berry was employed by the First Respondent on a zero-hours contract to care for her autistic son, Thomas. The tribunal found that the agreed hourly rate was £20 while Thomas was under 18, and £18.37 per hour after he turned 18. It found that she was in fact paid only £14.75 per hour once Thomas had turned 18.
Because the lower rate was applied, the tribunal found shortfalls in pay and holiday pay for November 2021 and December 2021. It recorded the figures as £354.76 pay plus £152.04 holiday pay for November 2021, and £448.88 pay plus £152.04 holiday pay for December 2021, giving a combined shortfall of £1,107.72 for those two months.
The tribunal also found that on termination of employment on 31 December 2021 the claimant had 71.2 hours of accrued but untaken holiday for the period when Thomas was under 18. On that basis it calculated a further £1,424 of holiday pay. It gave a £177 credit for 31 December 2021, when the claimant did not work because of suspected Covid.
The respondents were held jointly and severally liable for the sums owed, and the tribunal ordered payment of £2,354.72 within 14 days. North Somerset Council and Disability Direct Limited t/a DD Payroll Services had been joined as second and third respondents, and the first respondent's out-of-time response was refused, although its representative was allowed to participate in the hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the claimant was agreed £18.37 per hour once Thomas turned 18 but was paid only £14.75 per hour, causing shortfalls in November and December 2021. The judgment quantified the combined pay and holiday-pay shortfall for those months at £1,107.72, but did not split the overall award between claim heads. | Upheld | — | — |
| Holiday pay | The tribunal found that at termination on 31 December 2021 the claimant had 71.2 hours of accrued but untaken holiday for the period when Thomas was under 18, valued at £1,424. A £177 credit was given for 31 December 2021, when she did not work because of suspected Covid; the judgment did not split the overall award between claim heads. | Upheld | — | — |
Remedy
Monetary award- Total award
- £2,355
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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