Mr R Hanus v IECC Care Limited — 2021

The claimant was employed as a domiciliary care support worker from 16 January 2019. The tribunal recorded contractual rates of £9.70 per hour when using the company vehicle, £10.70 per hour when using his own vehicle, and a higher £12.70 rate for certain long-distance clients after three months. It applied section 13 ERA 1996 to the wage issues, and sections 95 and 104 ERA 1996, together with Martin v Glynwed Distribution Limited [1983] IRLR 198, to the dismissal complaint.

On the wages claim, the tribunal rejected most of the claimant’s complaints about holiday pay, bank holidays, statutory sick pay, and disputed hours worked in March, April and May 2019. It accepted only one disputed hour calculation in June 2019, finding that the claimant was underpaid for 1.25 hours worked on 24 May 2019 at the own-car rate. It also accepted the claimant’s evidence that Mr P Bhaskar had agreed to mileage payment for the period when the claimant used his Czech-registered car, found that some relevant messages had been deliberately deleted, and concluded that 5,879 miles at 45p per mile were payable, totalling £2,645.55.

The tribunal further found that the £100 deduction for the car key was unauthorised because the claimant had not breached any company rule and the deduction was not properly justified. On the unfair dismissal complaint, it found that the telephone conversation on 28 June 2019 was heated but did not end the employment relationship, and that the later letter seeking an explanation for refusal to work was inconsistent with dismissal. It held that the claimant was not dismissed and, even if he had been, the dismissal would not have been shown to be because he asserted a statutory right. The total award was £2,758.93 payable within 28 days, and all other claims were dismissed.