Employment Tribunal – Working Time
Gary Smith was instructed by a company in respect of an Employment Tribunal claim for constructive dismissal and for unpaid wages. The employee was a live in care worker assisting the old and infirm with their day to day care needs. The employee alleged that she was a ‘time worker’ and should have been paid for 24 hours per day. The company argued that she worked ‘unmeasured time’ and was only due to be paid for 10 hours per day on a daily average agreement. It was accepted that had the employee been successful in her wages claim the dismissal claim would also have succeeded. Gary was instructed to advise on the case which was complicated by the lack of much formal documentation. The potential liability was a six figure sum and there were a number of other employees with potentially similar claims. At a Tribunal Hearing the Judge found wholly in the company’s favour.