Case 2301233/2019 · Employment Tribunal
Mrs R Webb (C1) Miss D Seaward (C2) Miss M Oliver (C3) v Carby Community Care Limited — 2021
- Case reference
- 2301233/2019
- Decision date
- 12 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Clarke
- Venue
- London South Tribunal
Parties
2 namedClaimant
Mrs R Webb (C1) Miss D Seaward (C2) Miss M Oliver (C3)
Respondent
Key findings
Tribunal's reasoningAt the hearing on 12 January 2021, before Employment Judge Clarke sitting alone, the respondent did not attend. The tribunal amended the respondent's name to Carby Community Care Limited. The claims concerned whether the respondent had failed to pay the national minimum wage, framed for Mrs Webb as an unlawful deduction from wages claim, for Miss Seaward as a breach of contract claim, and for Miss Oliver as an unlawful deduction from wages claim.
Mrs Webb's claim was found to be unfounded and dismissed. Miss Seaward's claim was well founded and succeeded. Miss Oliver's claim was also well founded and succeeded. The tribunal did not determine the amount payable on the successful claims at that hearing.
The respondent's counterclaim against Miss Oliver for overpayment of wages was found to be unfounded and dismissed. The tribunal said that the quantum of Miss Seaward's and Miss Oliver's claims would be decided later on paper, with a separate case management order to follow.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Mrs Webb's claim alleged an unlawful deduction from wages by failing to pay the national minimum wage under section 13(1) ERA 1996, the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015. | Dismissed | — | — |
| Breach of contract | Miss Seaward's claim alleged breach of contract by failing to pay the national minimum wage under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015. Quantum was left for a later paper determination. | Upheld | — | — |
| Unlawful deduction from wages | Miss Oliver's claim alleged an unlawful deduction from wages by failing to pay the national minimum wage under section 13(1) ERA 1996, the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015. Quantum was left for a later paper determination. | Upheld | — | — |
| Other | The Respondent's counterclaim against Miss Oliver for overpayment of wages was dismissed as unfounded. | Dismissed | — | — |
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.