Ms A Reindorf, Counsel For the v Respondent — 2017

The claimant, Ms Kamalammal P K Puthenveetil, worked for Mr Santosh Alexander and Ms Riya J George as a domestic worker from 14 November 2005 until she resigned on 23 April 2013. The direct and indirect race discrimination claims were withdrawn before the hearing. The tribunal rejected the constructive dismissal claim, finding no fundamental breach of contract: it did not accept that the respondents withheld her passport, controlled her movements, required weekend work, denied paid time off, or subjected her to verbal abuse.

On pay, the tribunal found that the claimant was treated as a member of the family for the purposes of Regulation 2(2)(a)(ii) of the National Minimum Wage Regulations 1999, so the national minimum wage was not payable. It also found, on balance, that she had received her contractual pay overall, so the unlawful deduction of wages claim failed. In reaching those conclusions, the tribunal preferred the respondents' evidence on accommodation, meals, social activities, hours, and the payment evidence, and it considered the claimant's account inconsistent in a number of respects. It also found that the 2012 application for the claimant's permanent residence, and the appeal against refusal, were inconsistent with her account of being kept in domestic servitude and that she was aware of those steps.

The weekly rest break complaint under Regulation 11 WTR 1998 failed because the tribunal found she was not required to work at weekends. The annual leave complaint under Regulation 14 WTR 1998 succeeded for the final leave year only: the tribunal found that no leave had been taken between 14 November 2012 and 23 April 2013 and awarded £297.23, calculated on a weekly wage of £120. It also upheld the complaint that the respondents failed to provide a statement of employment particulars, awarding the statutory minimum of two weeks' pay, £240, and declared a breach of section 8 ERA 1996 for failure to provide payslips, with no separate award. The total award was £537.23.