Ms Y (1) Ms Z (2) v Mrs C and 1 other — 2025

The tribunal found that the second respondent (the trustees of the AB Trust) made unauthorised deductions from both claimants' wages between February 2023 and the dates their employment ended, awarding £11,647.20 to the first claimant (Ms Y) and £12,153.60 to the second claimant (Ms Z) as gross sums subject to tax and National Insurance. The second claimant was held to be entitled to a statutory redundancy payment of £5,568.75 under section 163 ERA 1996.

The second claimant's complaint of unfair dismissal under section 94 ERA 1996 was well-founded. However, the tribunal concluded there was a 100% chance she would have been fairly dismissed at the date of dismissal in any event (in light of the redundancy situation that would have arisen once the claimant could no longer transport AB to the Provision in January 2023). The compensatory award was therefore limited to £1,000 for loss of statutory rights, and no basic award was payable because it was reduced by the statutory redundancy payment under section 122(4)(a) ERA.

The tribunal found that the respondent had breached its duty under section 1 ERA to provide the claimants with written statements of employment particulars and, finding no exceptional circumstances, made the higher award of four weeks' gross pay (£2,025.60) to each claimant under section 38 Employment Act 2002. No ACAS Code uplift or reduction was made, and no reduction was applied for contributory conduct.