Case 2401223/2021 · Employment Tribunal
Miss C McGuinness v Roman Caring Services Ltd — 2021
- Case reference
- 2401223/2021
- Decision date
- 27 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rice-Birchall REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Miss C McGuinness
Respondent
Key findings
Tribunal's reasoningMiss McGuinness worked for Roman Caring Services Limited from 1 September 2020. She gave notice on 16 December 2020, agreed termination on 7 January 2021, but stopped work after 27 December 2020. The respondent did not pay her December wages of £529.38 gross and said it had used that money to cover the cost of staff who worked the shifts she did not complete. The tribunal found that the contract referred to a handbook clause about recovering costs if notice was not worked, but the claimant had never been given a copy of the contract or handbook and had not seen the handbook before the deduction was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found that £529.38 gross was withheld from the claimant's December 2020 wages and that no contractual term lawfully authorised the deduction. | Upheld | — | £529 |
| Other | The tribunal found that the respondent had not provided the claimant with a payslip/itemised pay statement, but it made no award on that issue. | Upheld | — | — |
Remedy
Monetary award- Total award
- £529
- across all upheld claims
Legal tests applied
5 references- s.13 ERA 1996
- s.24 ERA 1996
- Kerr v The Sweater Shop (Scotland) Ltd
- Bird t/a Mayfair Nursing Home v Honey
- Yorkshire Maintenance Company Ltd v Farr
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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