Claimant v Adwell Care Ltd T/a Adwell Supported Living — 2021

At the remote CVP hearing on 20 May 2021, the respondent conceded that the claimant had been underpaid in relation to payment in lieu of notice because the calculation had been made using £8.80 per hour rather than £10 per hour. The tribunal found that this left an underpayment of £42, so the breach of contract claim succeeded in part.

The respondent also conceded that the claimant had accrued 15.62 hours of holiday at termination on 28 May 2020, and that £156.20 should have been paid for that entitlement. The tribunal therefore found the unlawful deduction from wages claim in relation to holiday pay succeeded in part.

The tribunal further found that the claimant had been overpaid £100 for a shift worked on 18 April 2020, because he had already been paid through the agency that employed him when he was agency staff. The respondent was entitled to recover that overpayment from the sums outstanding, leaving £98.20 payable to the claimant. The judgment records that a bank confirmation showed payment of £98.20 on 20 May 2021, and provided that the judgment would stand if no application was made to restore the case by 30 June 2021.