In person (Assisted by his mother - Mrs A Newstead). For the v Mr C Green, Solicitor Agent. — 2019

The claimant worked as an outreach support worker through Providing Limited for Moving Up Care Limited. He did not sign a contract. The tribunal accepted his evidence on the practical arrangements because the respondent called only its HR manager, not the managers who had dealt with the shifts. It found that late September and early October 2018 emails offered time and a half for CO shifts, but the wording was vague about how long the enhanced rate would last.

The tribunal dismissed the September 2018 wage calculation and the other unpaid wage, premium-rate and holiday pay claims because the claimant could not show how his figures were derived or prove the entitlement claimed. Although it accepted that he had not clearly been told in writing that the time-and-a-half arrangement ended, it still could not reconcile the schedule of loss with the documents, so no further sums were awarded for those periods. The separate request for a 25% uplift for 'aggravating behaviour' was also dismissed because there was no legal basis for it.

Two items succeeded. The tribunal found that 26 January to 25 February 2019 mileage and sleep-in payments totalling £337.40 were due but had not been paid, because they appeared on the timesheets but not on the February payslip. It also held that the £500 iPad deduction was unauthorised under s.13 Employment Rights Act 1996: there was no signed contract or written agreement authorising the deduction, the unsigned 'Liability Agreement' was ineffective, and the iPad had been returned by the hearing. The total award was £837.40.