In person For the v Mr H Patel, Director — 2021

Ms V Matasovska brought a claim for unlawful deduction of wages against Novus Care Limited. She worked as a care worker at a client’s home for 35 days in June, September and October 2020. The tribunal recorded that contractually she was entitled to a flat rate for each ten-hour shift, with a minimum sum of £87.86, and that she accepted those payments had been made.

The dispute was whether she had in fact worked hours beyond the ten hours applicable to each shift and therefore should have been paid more. The tribunal noted that the claim was presented before the Supreme Court decision in Tomlinson-Blake v Mencap, which it explained to the claimant because she was not aware of it. It found that the claimant was unable to provide any evidence showing that she actually worked hours in excess of ten hours per shift, and the respondent also had no evidence to determine the issue.

The tribunal said the burden of proof was on the claimant to prove her case. In the absence of any documentation supporting the allegation of additional hours, the claim failed and was dismissed.