Case 1603099/2023 · Employment Tribunal
Ms A Herbert v Milkwood Care Limited trading as The Mountains Nursing Home — 2024
- Case reference
- 1603099/2023
- Decision date
- 22 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Howden-Evans REPRESENTATION
Parties
2 namedClaimant
Ms A Herbert
Key findings
Tribunal's reasoningThe tribunal held that Ms Herbert's complaint of unauthorised deductions from wages was well-founded. It found that Milkwood Care Limited, trading as The Mountains Nursing Home, had made an unauthorised deduction from her wages in the period September to October 2023. The respondent was ordered to pay her the net sum deducted, £3,209.21.
The respondent's employer's contract claim was struck out. The tribunal said this was because the claimant had not brought a contract claim, so it had no jurisdiction to consider an employer's contract claim under Article 8(a) of the Employment Tribunal Extension of Jurisdiction Order 1994, and it struck the claim out under Rule 37(1)(a).
The tribunal recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply to the award. It also stated that interest would accrue at 8% per annum on any compensation remaining outstanding 14 days after the date of the judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in September/October 2023 and ordered payment of the net sum deducted. | Upheld | — | £3,209 |
| Breach of contract | The respondent's employer's contract claim was struck out under Employment Tribunal Rule 37(1)(a) because the claimant had not made a contract claim, so the tribunal said it had no jurisdiction to consider an employer's contract claim under Article 8(a) of the Employment Tribunal Extension of Jurisdiction Order 1994. | Struck out | — | — |
Remedy
Monetary award- Total award
- £3,209
- across all upheld claims
Legal tests applied
3 references- Employment Tribunal Rule 37(1)(a)
- Article 8(a) Employment Tribunal Extension of Jurisdiction Order 1994
- Employment Protection (Recoupment of Benefits) Regulations 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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