Mr M L Darboe v Miracle Care Limited — 2024

The tribunal found that Mr Darboe was employed by Miracle Care Limited from 23 November 2022 until 6 November 2023 on a 39-hour week. There was a dispute about his hourly rate, but the judge preferred the payslip close to termination and found that he was paid at £10.75 per hour rather than £10.95. On that basis, the respondent owed arrears of pay for the period 25 September 2023 to 6 November 2023, calculated as 195 hours at £10.75, totalling £2,096.25 gross.

The tribunal also upheld the notice pay and holiday pay claims. The respondent accepted that one week's notice was due, and the judge awarded £419.25 gross for 39 hours' notice pay at £10.75 per hour. For holiday pay, the judge found that 176 hours of accrued but untaken holiday remained payable at termination and awarded £1,892 gross.

The redundancy payment claim was not pursued to a substantive finding: Mr Darboe accepted that he did not have two years' service and withdrew the claim, which was dismissed on withdrawal. He also sought to add a mileage claim of about 1,600 miles at 25p per mile, but the tribunal refused the amendment because the claim had not been pleaded, it was raised late, there was no supporting documentary evidence, and the balance of prejudice under Selkent favoured refusal.