Ms S Williams v 365 Care Homes Limited — 2020

The tribunal dealt with the claim on the papers, with the parties consenting to determination by an Employment Judge without a hearing. Ms Williams said she worked for 365 Care Homes Limited from 21 October 2019 to 27 October 2019 as a care assistant and had not been paid for the work she did. The respondent confirmed she worked there between those dates. The tribunal recorded that the claimant attended on 21 October 2019 for a pre-employment observation on an unpaid basis, and then worked three shifts on 23, 24 and 25 October 2019 which the respondent agreed to pay.

The tribunal found that the gross wages earned for those three shifts were £270.93, based on 33 hours at £8.21 per hour. The respondent said it was entitled to retain the cost of the claimant’s DBS check, relying on a signed agreement dated 18 September 2019 under which the claimant consented to deduction of that cost from her first payroll wages. In an email dated 1 May 2020, the respondent said the DBS cost was £74.60.

The tribunal noted that later documents appeared to relate to a 'disclosure application' for £177.60, but said there was nothing to show that this was a charge for the claimant’s DBS check and that it differed from the amount the respondent had originally said was owing. It therefore allowed the respondent to retain only £74.60 for the DBS check. Applying section 13 of the Employment Rights Act 1996, the tribunal held that the claimant was entitled to be paid £196.33 gross and ordered the respondent to pay that sum. No separate breakdown of other remedies was given.