Ms A Okeke v Livingstone Health Care Ltd — 2021

Ms A Okeke worked for Livingstone Health Care Ltd as a Quality Monitoring Officer from 17 June 2019 until her resignation in February 2020. Her claims were for arrears of pay, holiday pay, mileage expenses, and additional payments for attending on a service user. The Respondent had deducted a total of ?650 from her final pay, leaving her with ?263.68 net, and the tribunal also recorded later adjustments and payments made after checking her January 2020 hours.

On the arrears of pay issue, the tribunal accepted the Respondent's evidence that the Claimant had been overpaid in December 2019. It held that the Respondent was entitled to deduct that overpayment from final pay under section 13 of the Employment Rights Act 1996. The tribunal also found that the Claimant had not proved she worked on 15 January 2020 or established any further unpaid wages, and it rejected her suggestion that the records had been manipulated.

On holiday pay, the tribunal found that the Claimant worked an average of 3.5 days per week and accrued 12.14 days of leave, rounded up to 13 days. It accepted that several absences had been treated as holiday by agreement so that she could be paid, and that she was paid for bank holidays as well. The tribunal held that she had been paid for all 13 days of holiday and dismissed the holiday pay claim, referring to regulations 14 and 16 of the Working Time Regulations 1998.

The mileage claim was dismissed because the Claimant did not provide evidence to establish entitlement or to substantiate the amount claimed. The claim for additional payments for attending a service user was also dismissed: the tribunal found no contractual or statutory basis for double pay, and held that the attendance fell within the Claimant's role as Quality Monitoring Officer.