Case 1805098/2019 · Employment Tribunal
Ms H Schärf v D of Y (GH) Ltd — 2020
- Case reference
- 1805098/2019
- Decision date
- 3 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Maidment
Parties
2 namedClaimant
Ms H Schärf
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the respondent had failed to pay the claimant's holiday entitlement and awarded her the gross sum of £637.95. It also made an award of £1,232, stated to be 4 weeks' pay, under section 38 of the Employment Act 2002 for failure to provide a statement of particulars of employment.
The claimant's unfair dismissal complaint was dismissed because she had not been continuously employed by the respondent for at least two years, and the tribunal said it therefore had no jurisdiction to hear that complaint. The hearing listed for 21 January 2020 was cancelled.
The claimant's breach of contract complaint seeking notice pay was also dismissed. The tribunal recorded that, because she had immediately obtained alternative employment, she had fully mitigated her losses.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement and ordered payment of the gross sum of £637.95. | Upheld | — | £638 |
| Other | The tribunal made an award of £1,232, described as 4 weeks' pay, pursuant to section 38 of the Employment Act 2002 for failure to provide a statement of particulars of employment. | Upheld | — | £1,232 |
| Unfair dismissal | Dismissed because the claimant had not been continuously employed by the respondent for at least 2 years, so the tribunal had no jurisdiction to hear the complaint. | Dismissed | — | — |
| Breach of contract | Dismissed in respect of notice pay because the claimant had immediately obtained alternative employment and the tribunal found her losses had been fully mitigated. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,870
- across all upheld claims
Legal tests applied
2 references- section 38 Employment Act 2002
- 2 years' continuous employment requirement
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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