Ms Ajagbe v RCB Healthcare Group HELD AT: London South (by CVP) — 2024

The claimant, Ms Ajagbe, had been employed since March 2012 as a Home Administrator at Woodford House, originally by HC One and from 30 August 2022 by the respondent following a TUPE transfer. Her employment terminated on 7 April 2023. She brought claims for unlawful deduction of wages and outstanding holiday pay. The tribunal found, on the basis of the claimant's records and an unredacted HC One payroll record, that HC One had agreed she could carry over annual leave into the 2022/23 leave year and that her entitlement for that year was 391 hours.

On the wages claim, the tribunal compared the claimant's payslips against her contractual rate of £22,370 per annum gross and found that for the 31 weeks and 2 days between 1 September 2022 and 7 April 2023 she should have been paid £13,502 gross but had only received £12,042.73 gross, producing a shortfall of £1,459.27 gross. That figure included the disputed week of 10 March 2023.

On the holiday pay claim, the tribunal accepted the claimant's contemporaneous figure of 220 hours owed at the date of resignation, deducted 160 hours for the four weeks of leave taken during the notice period and a further 24 hours for three bank holidays that had not previously been deducted, and added 4.5 hours for the 2023/24 leave year up to termination. This produced 40.5 hours outstanding, which at £10.75 per hour amounted to £435.38 gross.