Case 1305134/2020 · Employment Tribunal
Claimant v Executive Care Agency Ltd and Executive Care Agency Midlands Ltd — 2020
- Case reference
- 1305134/2020
- Decision date
- 17 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Kelly
- Venue
- Midlands West
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningMrs A Jones brought claims against Executive Care Agency Limited and Executive Care Agency Midlands Limited. The tribunal found that her employer was the second respondent, so the claim against the first respondent was dismissed. The case was decided under rule 21 after there was no attendance for the respondents, and the judge sat alone.
The tribunal found that Mrs Jones had been unfairly dismissed by the second respondent. No basic award was made. The appendix calculated a compensatory award of £9,914, with a prescribed element of £8,762 and an excess of £1,152. The calculation treated her gross average weekly pay as £595.75 and included past loss, furlough-period pay at 80%, SSP for one week, deductions for alternative earnings, and a short future-loss period.
The tribunal also upheld claims for breach of contract, unlawful deduction from wages, and holiday pay, awarding £728, £269, and £450 respectively. The detriment claim under s47B Employment Rights Act 1996 was dismissed because of s47B(2). The orders therefore totalled £11,361.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | No basic award was made. The appendix set the compensatory award at £9,914, comprising a prescribed element of £8,762 and an excess of £1,152. | Upheld | — | £9,914 |
| Breach of contract | Recorded from the judgment. | Upheld | — | £728 |
| Unlawful deduction from wages | Recorded from the judgment. | Upheld | — | £269 |
| Holiday pay | Recorded from the judgment. | Upheld | — | £450 |
| Whistleblowing | The detriment claim under s47B Employment Rights Act 1996 was dismissed because of s47B(2). | Dismissed | — | — |
Remedy
Monetary award- Total award
- £11,361
- across all upheld claims
- Compensatory award
- £9,914
- compensatory remedy recorded
Legal tests applied
1 reference- s47B(2) Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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