Case 2304749/2022 · Employment Tribunal
Mr R George v The Intrinsic Care Group Limited HELD AT: London South ET (by CVP) — 2024
- Case reference
- 2304749/2022
- Decision date
- 28 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCluskey REPRESENTATION
Parties
2 namedClaimant
Mr R George
Key findings
Tribunal's reasoningThe claimant, a Recovery Support Worker employed from 9 August 2021 to 31 October 2022, brought complaints of unlawful deduction from wages (including holiday pay), notice pay and breach of contract. The unfair dismissal complaint was withdrawn and dismissed on withdrawal. The tribunal found the respondent had made an unlawful deduction by failing to pay the claimant for accrued but untaken statutory holiday on termination, and ordered payment of £187.50.
The tribunal found the other unlawful deduction complaints were not well founded. In particular, the £505 deducted in May 2022 represented recovery of an earlier overpayment of wages, which the tribunal treated as a permitted adjustment, and the alleged shortfalls in respect of shifts not allocated did not amount to unauthorised deductions on the facts found.
On the breach of contract complaints, the tribunal concluded that the claimant's conduct in refusing shifts amounted to gross misconduct, so the respondent was entitled to terminate without notice. The disciplinary and grievance procedures were expressly non-contractual under clauses 9.1 and 9.3 of the contract, so any alleged failure to follow them did not give rise to a breach of contract claim. The contract termination was therefore not unlawful.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint of unfair dismissal was withdrawn by the claimant and dismissed on withdrawal. | Withdrawn | — | — |
| Holiday pay | Tribunal found the respondent made an unlawful deduction by failing to pay for accrued but untaken statutory holiday on termination. Awarded £187.50 (£225 less £37.50 already paid). | Upheld | — | £188 |
| Unlawful deduction from wages | The other complaints of unlawful deduction from wages (including the £505 overpayment recovery and alleged underpayments) were not well founded and were dismissed. | Dismissed | — | — |
| Breach of contract | Breach of contract complaints, including notice pay, alleged unlawful disciplinary action, alleged failure to follow grievance/complaints protocols, and alleged unlawful contract termination, were not well founded. The disciplinary and grievance procedures were non-contractual (clauses 9.1 and 9.3); the tribunal concluded the claimant's refusal of shifts amounted to gross misconduct so there was no entitlement to notice pay. | Dismissed | — | — |
| Unfair dismissal | The complaint of unfair dismissal was withdrawn by the claimant and dismissed on withdrawal. | Withdrawn | — | — |
| Holiday pay | Tribunal found the respondent made an unlawful deduction by failing to pay for accrued but untaken statutory holiday on termination. Awarded £187.50 (£225 less £37.50 already paid). |
Remedy
Monetary award- Total award
- £188
- 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
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