Ms Louise Douglas (First Claimant) Ms Carol Ann Graham (Second Claimant) v Children4us Childcare Ltd (in liquidation) Heard: Remotely (in public by video) — 2022

On 4 March 2022, the tribunal recorded that Louise Douglas's claim of unauthorised deduction of wages under s.13 ERA 1996 succeeded, and awarded her £286 gross calculated as 10 hours at £8 per hour on 1 and 3 October 2019, 5 hours at £8 per hour on 4 October 2019, and £86 overtime. Her holiday pay claim also succeeded, with £880 gross for 11 days' holiday accrued but not taken at £80 per day. Her unfair dismissal claim succeeded and the tribunal awarded a basic award of £960, calculated as 3 weeks' pay at £320 per week; the recoupment provisions in the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 did not apply.

Douglas also succeeded on her breach of contract claim for failure to pay notice pay, and was awarded £1,280 gross, calculated as 4 weeks' pay at £320 per week. The written record does not set out any compensatory award or interest. It records that her claims for failure to provide payslips / unnotified deduction under s.8 and s.12 ERA 1996, and for unlawful deduction of employee and employee pension contributions and NI contributions under s.13 ERA 1996 and/or breach of contract, were dismissed upon withdrawal.

Carol Graham was granted permission to amend her case to add a holiday pay claim, and that claim succeeded. The tribunal awarded her £1,108.35 gross, calculated as 13.5 days' holiday accrued but not taken at £82.10 per day. Her unfair dismissal claim also succeeded, with a basic award of £739.90 calculated as 3 weeks' pay at £246.30 per week, and the recoupment provisions were again held not to apply.

The written record also states that Graham's remaining claims for failure to provide payslips / unnotified deduction under s.8 and s.12 ERA 1996, unlawful deduction of employee and employee pension contributions and NI contributions under s.13 ERA 1996 and/or breach of contract, unlawful deductions in respect of salary and SSP under s.13 ERA 1996 and/or breach of contract, and failure to make reasonable adjustments under ss.20 and 21 EqA 2010, were dismissed upon withdrawal. The record gives the outcomes and calculations but does not provide fuller written reasons, which were given orally at the hearing.