Case 1803011/2019 · Employment Tribunal
Claimant v Ogden v Assist Healthcare Ltd — 2019
- Case reference
- 1803011/2019
- Decision date
- 3 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rostant
- Venue
- Sheffield
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningAt the preliminary hearing on 3 October 2019 at Sheffield, before Employment Judge Rostant sitting alone, the respondent did not appear and did not attend. The claimant, Mrs V Ogden, appeared in person. The judgment records that the claim of unfair dismissal succeeded.
On remedy for the unfair dismissal, the tribunal ordered payment of a basic award of £4,281.52. It also ordered £500 for loss of statutory rights and a further £125 to reflect a 25% uplift for failure to follow the ACAS code on disciplinary and grievance procedures. The judgment does not separately label these latter amounts as a compensatory award, but they form part of the monetary award made on the unfair dismissal claim.
The tribunal also upheld the claim for failure to pay accrued holiday pay and ordered £49.11 gross, described as 0.11 weeks' pay. The claim of unauthorised deduction from wages likewise succeeded, with an award of £2,211 gross.
In addition, the tribunal found that the respondent dismissed the claimant in breach of her contractual entitlement to notice and awarded damages of £874.72, described as 2.2 weeks' gross pay. On the figures stated in the judgment, the total monetary award is £8,041.35.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal awarded £4,281.52 by way of basic award, £500 for loss of statutory rights, and £125 to reflect a 25% uplift for failure to follow the ACAS code on disciplinary and grievance procedures. | Upheld | — | £4,907 |
| Holiday pay | The tribunal found failure to pay accrued holiday pay and ordered payment of £49.11 gross, described as 0.11 weeks' pay. | Upheld | — | £49 |
| Unlawful deduction from wages | The tribunal upheld the claim of unauthorised deduction from wages and ordered payment of £2,211 gross. | Upheld | — | £2,211 |
| Wrongful dismissal | The tribunal found the respondent dismissed the claimant in breach of her contractual entitlement to notice and awarded damages of £874.72, stated to be 2.2 weeks' gross pay. | Upheld | — | £875 |
Remedy
Monetary award- Total award
- £8,041
- across all upheld claims
- Basic award
- £4,282
- statutory, unfair dismissal
- Compensatory award
- £625
- compensatory remedy recorded
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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