Bank worker at care home wins £892 for unpaid shifts and rolled-up holiday pay
A care home bank worker who was dismissed for not being vaccinated against COVID-19 failed to prove discrimination but succeeded in claiming unpaid wages and holiday pay for seven shifts, totalling £891.80.
1 min read · Last updated 18 May 2026
Case details
- #bank-worker
- #care-home
- #covid-vaccination
- #disability-discrimination
- #race-discrimination
- #unauthorised-deductions
- #rolled-up-holiday-pay
Key facts
- The claimant was a bank worker at a care home from May 2021 until termination on 10 November 2021.
- The claimant's engagement was terminated because he was not vaccinated against COVID-19 and did not obtain a medical exemption before the regulations came into force.
- The claimant alleged race, sex, and disability discrimination, harassment, and victimisation, all of which were dismissed.
- The tribunal found that the respondent made unauthorised deductions from wages for seven shifts totalling 85.75 hours.
- The claimant was awarded £795.76 gross for unpaid wages and £96.04 for rolled-up holiday pay.
Timeline
-
Transfer to Norcott Lodge
The claimant's primary assignment changed to Norcott Lodge.
-
First pay issue raised
The claimant reported not being paid for shifts from 14 May to end of May.
-
Incident with Shelley Hinchliffe
The claimant was told to be quiet by a colleague; he alleged race discrimination.
-
Informal meeting
Manager held informal meeting about the incident; claimant was offered mediation.
-
Formal grievance
Claimant submitted a formal grievance alleging race discrimination.
-
Grievance outcome
Grievance not upheld; no evidence of race discrimination.
-
Disclosure of back condition
Claimant disclosed his disability to a manager.
-
Email about alarm call allegation
Manager wrote to claimant about alleged refusal to respond to alarm call.
-
Nightshift denied
Claimant was denied a nightshift pending occupational health assessment.
-
Welfare meeting
Meeting held; referral to occupational health agreed.
-
Notice of termination
Claimant was given notice of termination due to lack of vaccination.
-
Occupational health report
Report recommended claimant not be assigned nightshifts.
-
Claimant raised unpaid shifts
Claimant identified unpaid shifts including September dates.
-
Termination effective
Claimant's engagement ended.
The legal issue
The tribunal had to decide whether the claimant was an employee for unfair dismissal purposes, whether discrimination claims were well-founded, and whether there were unauthorised deductions from wages.
The outcome
The tribunal dismissed all claims of race, sex, and disability discrimination, harassment, and victimisation. It also found that the claimant was not an employee, so unfair dismissal and breach of contract claims could not proceed.
However, the tribunal upheld claims for unauthorised deductions from wages. The employer had failed to pay the claimant for seven shifts totalling 85.75 hours, and also failed to pay rolled-up holiday pay on those hours.
Compensation awarded:
- Unpaid wages: £795.76 gross (85.75 hours at £9.28 per hour)
- Rolled-up holiday pay: £96.04 gross (85.75 hours at £1.12 per hour)
- Total: £891.80 gross
Lessons & takeaways
- Even if you are a bank worker (not an employee), you may still have rights to be paid for all hours worked and to receive holiday pay.
- Keep a record of all shifts worked and check your payslips carefully – if you are not paid, you can bring a claim for unauthorised deductions.
- Rolled-up holiday pay (an additional percentage on top of hourly pay) is still common in some sectors, but must be clearly agreed and properly calculated.
- Discrimination claims require evidence of less favourable treatment because of a protected characteristic – a general feeling of unfairness is not enough.
- If you are dismissed for not being vaccinated, you may have limited protection if you are not an employee and the employer followed legal requirements.
When unpaid shifts add up
This case shows that even a short-term bank worker can successfully claim for unpaid wages and holiday pay, even if other claims fail. The claimant worked as a bank worker at a care home for just six months, but during that time he was not paid for seven shifts. The tribunal found that the employer had made unauthorised deductions from wages for those shifts, and also failed to pay rolled-up holiday pay on those hours.
The total award was modest – £891.80 – but it covered all the hours he had worked without pay. The tribunal ordered the employer to pay £795.76 for the unpaid hours and £96.04 for the holiday pay that should have been included.
What the employer could have done differently
The employer could have avoided this claim by ensuring that all shifts were properly recorded and paid on time. The tribunal noted that the claimant had raised the issue of non-payment several times, but the employer did not resolve it. A simple payroll check would have identified the missing payments.
Why this matters for similar claims
This case is a reminder that employment status is not always a barrier to recovering unpaid wages. Even if you are not an employee (and therefore cannot claim unfair dismissal), you can still bring a claim for unauthorised deductions if you are a 'worker' – which includes many casual and bank staff. The key is to keep detailed records of your shifts and to raise any non-payment promptly.
The discrimination claims failed because the tribunal found no evidence that the claimant was treated less favourably because of his race, sex, or disability. The dismissal was due to the vaccination requirement, which applied to all workers, and the employer had followed a reasonable process. This shows that discrimination claims need solid evidence, not just a feeling of unfairness.
Similar cases
Dismissed without a meeting or appeal: a conduct case with big reductions
A former employee of Fairview Grocers Limited was unfairly dismissed without any meeting or right of appeal, but his own conduct led to a 60% cut in compensation. He was awarded £3,752.89 in total.
Former employee unfairly dismissed but gets only basic award after 70% contributory conduct deduction
A Watford tribunal found Mitie Ltd unfairly dismissed a former employee but reduced his basic award by 70% for his own conduct and made no compensatory award due to a 100% Polkey reduction. He received £1,298.10.
Probationary dismissal of electrical engineer: discrimination claims rejected
An electrical engineer dismissed during his probationary period for poor performance and a safety incident failed to prove race, age or disability discrimination. The tribunal upheld the employer's decision.
Registered Nurse lost constructive dismissal claim over protected disclosure and discrimination
A tribunal dismissed all claims by a dementia ward nurse who resigned after suspension, finding no link between his protected disclosure and the employer's actions.