A Glasgow care charity has been ordered to pay more than £40,000 to 12 employees who stopped receiving their wages.
The Multicultural Elderly Care Centre, based in Kelvingrove College in the west end, stopped paying wages or furlough to the workers at various points in July 2021.
Each of the claimants worked as carers and personal assistants for the charity’s service users, both at the centre and providing support at individual homes.
The employment tribunal court stated: “The respondent operated care services. Services were provided at the centre’s premises, and also in individual service users’ homes. All of the claimants worked for the respondent as carers/ personal assistants for service users, either at the day care centre or in individual service users’ homes.”
It added: “Some of the claimants did not receive regular wage slips setting out details of the payments received for the work carried out, or any deductions made for tax and National Insurance. Some claimants received some wage slips on some occasions. All of the claimants received payments of wages directly into their nominated bank account. The payments to some claimants had no deductions because of the level of earnings of that claimant. Some payments were received via GCVS.”
The money ordered to be handed out to each claimant ranged from £625 to nearly £12,000 due to unpaid work, statutory redundancy pay, holiday entitlement, the centre’s failure to confirm their employment status and their failure to issue regular payslips.
Through the covid pandemic, nine of the claimants continued to work as home support staff, while three were furloughed. Each said their employment was terminated at the end of September 2021 when the furlough scheme ended.
The tribunal stated: “Wage and furlough payments from the respondent to the claimants stopped, at various dates from July 2021. The home support staff continued to work for the individual service users.
“The furlough scheme came to an end in September 2021. The claimants who had been receiving payment from the respondent through that furlough scheme received no communication from the respondent as to what job they would return to.
“They remained available for work but received no communication from the respondent as to what work they should return to. They received no communication that they were in any ‘lay off’ period.”
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
