Case 1404456/2021 · Employment Tribunal
Miss C Dan v Saxby Care Limited — 2022
- Case reference
- 1404456/2021
- Decision date
- 6 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Appearances
- Venue
- Southampton
Parties
2 namedClaimant
Miss C Dan
Respondent
Key findings
Tribunal's reasoningEmployment Judge Rayner found that Saxby Care Limited had made an unlawful deduction of £20 from Miss C Dan's May 2021 wages and ordered repayment. The tribunal also upheld her claim for unpaid holiday pay, accepting that 55 hours holiday pay, or outstanding holiday pay on termination, was due and awarding £495.
The tribunal dismissed Dan's £100 breach of contract claim and her separate claim for money said to be owed because the respondent did not provide a meal during each night shift she worked. It further found that the respondent had failed to provide a statement of main terms and conditions required by section 1 Employment Rights Act 1996 and made an award of two weeks' pay under section 38(3) Employment Act 2002, quantified at £432. The total payable was £947.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unlawful deduction from the Claimant's May 2021 wages; £20 ordered repaid. | Upheld | — | £20 |
| Holiday pay | Claim for 55 hours holiday pay, alternatively outstanding holiday pay on termination; £495 awarded. | Upheld | — | £495 |
| Breach of contract | £100 breach of contract claim dismissed. | Dismissed | — | — |
| Other | Claim for money said to be owed because no meal was provided during each night shift was dismissed. | Dismissed | — | — |
| Other | Failure to provide a statement of main terms and conditions under section 1 Employment Rights Act 1996; two weeks' pay awarded under section 38(3) Employment Act 2002. | Upheld | — | £432 |
Remedy
Monetary award- Total award
- £947
- across all upheld claims
Legal tests applied
2 references- section 1 Employment Rights Act 1996
- section 38(3) Employment Act 2002
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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