Case 1806592/2021 · Employment Tribunal
Ms J Duarte v St Margaret’s Homecare — 2022
- Case reference
- 1806592/2021
- Decision date
- 4 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Date
Parties
2 namedClaimant
Ms J Duarte
Respondent
Key findings
Tribunal's reasoningThe claim was issued in the Leeds Employment Tribunals on 9 December 2021. The respondent did not present a valid response on time, and the Employment Judge therefore decided that a determination could be made under rule 21 of the Employment Tribunals Rules of Procedure 2013.
On the merits, the tribunal found that the respondent had made unauthorised deductions from the claimant's wages and ordered payment of £644.40 gross. It also made an additional award of £72.29 under section 24(2) of the Employment Rights Act 1996 in relation to interest charges received as a result of the deduction.
The tribunal further awarded £526.70 under section 38 of the Employment Act 2002 because the respondent had failed to provide a statement of employment particulars contrary to s.1 Employment Rights Act 1996. It also found that the claimant was dismissed in breach of contract in respect of notice and awarded £263.35 gross in damages. The total sum payable was £1,506.74.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found that the respondent had made unauthorised deductions from the claimant's wages and ordered payment of £644.40 gross. | Upheld | — | £644 |
| Other | Additional award under section 38 of the Employment Act 2002 for failing to provide a statement of employment particulars contrary to s.1 Employment Rights Act 1996; award was two weeks' wages. | Upheld | — | £527 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded £263.35 gross damages. | Upheld | — | £263 |
Remedy
Monetary award- Total award
- £1,507
- across all upheld claims
Legal tests applied
4 references- Rule 21 (Employment Tribunals Rules of Procedure 2013)
- s.24(2) Employment Rights Act 1996
- s.38 Employment Act 2002
- s.1 Employment Rights Act 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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