Laura Dawson, Counsel v E2E Homecare Limited — 2025

The Claimant was employed as a carer by the Respondent, a domiciliary care provider, from 5 February 2024 to 2 December 2024. The central dispute was whether the Claimant was employed under an 'Original Contract' for 39 or 40 hours per week at £11 per hour, or under a 'Flexible Contract' paying £12 per hour for hours actually worked. The Tribunal accepted the Respondent's account that the Original Contract was voided because the Claimant could not fulfil the driving condition, and that the Flexible Contract signed on 29 January 2024 governed the relationship.

On that basis the Tribunal found that the Claimant was paid what was properly payable for all hours worked, so the unlawful deduction of wages and breach of contract claims relating to pay were not well-founded. The s.1 and s.4 written particulars claims were also dismissed because the Tribunal found the Claimant had been given and signed both contracts. The notice pay claim was dismissed because the Tribunal found the Claimant had herself terminated the contract without notice by email on 10 September 2024 asking to be removed from the rota.

The holiday pay claim succeeded. The Respondent accepted it had not paid holiday accrued but not taken on termination, and the Tribunal calculated the entitlement under Regulation 14(2) of the Working Time Regulations 1998 on the basis of hours worked under the Flexible Contract, awarding £578.40 (48.2 hours x £12 per hour) gross.