Case 1804070/2021 · Employment Tribunal
Mrs R Ayub v Koala Nursery Limited AT A HEARING — 2022
- Case reference
- 1804070/2021
- Decision date
- 16 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Members
- Venue
- Leeds
- Panel members
- SD Sharma, L Priestley
Parties
2 namedClaimant
Mrs R Ayub
Respondent
Key findings
Tribunal's reasoningAt the hearing in Leeds by CVP on 15 and 16 March 2022, Employment Judge Lancaster with members SD Sharma and L Priestley found that Koala Nursery Limited had made unauthorised deductions from Mrs R Ayub's wages in two respects. First, it had not paid her for 17 days worked in June 2021, calculated at 5 hours per day at £9.56 per hour, and the tribunal ordered gross compensation of £812.60. Second, it had not paid her for a 4-week notice period from 23 June 2021, which she was not required to work, calculated at 25 hours per week at £9.56 per hour, and the tribunal ordered gross compensation of £956.00.
The tribunal dismissed the claim for accrued holiday pay. It also made an additional award of 4 weeks' pay, £956.00, under section 38 of the Employment Act 2002 because no written statement of terms and conditions of employment compliant with Part I of the Employment Rights Act 1996 had ever been provided. The total award recorded for the case was £1,768.60 gross for unauthorised deductions plus the additional £956.00 award, making £2,724.60 in total.
The claim of discrimination because of pregnancy was dismissed. The judgment does not set out any separate remedy for that claim, and the only protected characteristic identified in the decision was pregnancy.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction for 17 days worked in June 2021, at 5 hours per day at £9.56 per hour, with an award of £812.60 gross. | Upheld | — | £813 |
| Unlawful deduction from wages | Unauthorised deduction for the 4-week notice period from 23 June 2021, at 25 hours per week at £9.56 per hour, with an award of £956.00 gross. | Upheld | — | £956 |
| Holiday pay | The claim for unauthorised deduction from wages in respect of accrued holiday pay was dismissed. | Dismissed | — | — |
| Other | Additional award of 4 weeks' pay under section 38 of the Employment Act 2002 because no written statement of terms and conditions compliant with Part I of the Employment Rights Act 1996 had ever been provided. | Upheld | — | £956 |
| Pregnancy and maternity discrimination | The claim of discrimination because of pregnancy was dismissed. | Dismissed | Pregnancy and maternity | — |
Remedy
Monetary award- Total award
- £2,725
- across all upheld claims
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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