Mrs L Antonio v GCH (South) Limited t/a Hillside Nursing Home — 2021

Mrs L Antonio worked for GCH (South) Limited t/a Hillside Nursing Home from 28 October 2018 until her resignation on 11 July 2020. The tribunal found that, from September 2019 onwards, the respondent repeatedly required her to complete mandatory refresher training. It accepted the respondent's evidence that the training could be done at home or at work and would have been paid, and found that the claimant did not complete any of it. The tribunal also found that the job description and terms allowed the respondent to require additional duties and additional training, and that the claimant had agreed to those terms by continuing in work after receiving the revised job description.

The unauthorised deduction from wages claim was dismissed. The tribunal held that the respondent was entitled to refuse to provide work from 4 January 2020 because the claimant had not completed the training and was therefore not ready, willing and able to do the work the respondent was entitled to require. It found the claimant's case that she had completed the training was not supported by the contemporaneous emails or records. The tribunal also rejected her assertion that she was entitled to statutory sick pay, noting the absence of fit notes, self-certification forms, or other medical evidence, and the absence of compliant notification under the statutory sick pay rules.

The holiday pay claim succeeded. The parties agreed that 64 hours of accrued but untaken holiday remained due when the employment ended, and the tribunal awarded £659.20 gross under regulation 30 of the Working Time Regulations 1998. That sum was calculated at the claimant's hourly rate of £10.30.