Miss S J Hickmore v Golden Hands Home Care Ltd (in creditors voluntary liquidation) — 2022

The tribunal found that, following a May 2019 agreement, the claimant was to work her 37.5 hours over three long days only and not half days. In May 2020 the respondent offered a rota spread over five days after complaints had been made about clients on the claimant's line, then removed her from work while those complaints were investigated. The tribunal accepted that the claimant made herself available, texted about her rota, and was not offered any hours from 1 June 2020 until 7 August 2020.

The tribunal held that the main breaches of the implied term of trust and confidence were the failure to provide work or pay, the failure to keep the claimant properly informed about what was happening, and the allegation that she was acting as she did because Mrs Solas-Causapin was Filipina. It rejected other matters as independent breaches, including the investigation of client complaints, the dishonesty and financial abuse allegations, the lack of prompt notification of the investigation outcome, and the home visit to hand over letters.

On that basis the tribunal found constructive unfair dismissal under section 95(1)(c) ERA 1996. It also found racial harassment after the 13 July 2020 telephone call and the email sent the same day, both of which it held were unwanted conduct related to race and had the effect of creating a hostile environment for the claimant. It further found unlawful deductions from wages for 25 May 2020 to 21 August 2020 because the claimant was ready and willing to work and there was no contractual right to suspend her without pay. A remedy hearing was listed for 14 November 2022; no compensation had yet been assessed.