Claimant v Home Comfort Care Agency Limited — 2024

Mrs Hasnat worked as a care assistant for Home Comfort Care Agency Limited from 28 November 2022 until she resigned by email on 12 March 2023. The tribunal found that she was an employee or worker within section 230 ERA 1996 and that she was not given written particulars at the start of employment. It found that the contract was signed in early February 2023 and backdated, and that WhatsApp messages showed ongoing confusion about pay, hours, and travel expenses.

On wages, the tribunal compared the payslips with the bank records and found that £127.94 had been withheld from wages. The respondent did not show that the deduction was required or authorised by statute or by the contract, and the claimant had not agreed in advance to any deduction, so the unlawful deduction claim succeeded. On expenses, the tribunal found that the parties had an oral agreement that travel expenses would be reimbursed for the period before the expenses process was clarified and before the claimant bought her own car.

The tribunal held that the unreimbursed expenses claim was outstanding when employment ended and awarded damages for breach of contract in the sum of £278.78. That figure comprised £136.28 for public transport costs and £142.50 for mileage. The separate request for £3,751.75 as compensation for inconvenience was dismissed. The respondent was ordered to pay a gross total of £406.72.