Case 2300060/2022 · Employment Tribunal
Ms Gillen and others v Hextransforma Healthcare Limited (in Administration) — 2024
- Case reference
- 2300060/2022
- Decision date
- 4 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fitzgerald Representation
- Venue
- London South
Parties
2 namedClaimant
Ms Gillen and others
Key findings
Tribunal's reasoningEmployment Judge Fitzgerald, sitting alone at London South by video on 22 November 2023, issued judgment in respect of Claimants 1-4 following written confirmation from the Respondent's administrators (Begbies Traynor, letter dated 20 December 2023) that the claims could proceed. The Respondent, which is in administration, did not attend and the Claimants appeared in person. The remaining Claimants were directed to the Case Management Order of 22 November 2023 for next steps.
The Tribunal found that each of Claimants 1-4 had not been paid earnings for the final months of their employment with the Respondent, and upheld their claims for unlawful deductions of wages. Loss of earnings was awarded over the specific periods identified for each Claimant: Ms Gillen (1 October 2021 to 4 January 2022) £2,586.93 net; Mr K Morris (1 September 2021 to 11 November 2021) £14,828.42 net; Ms M Collot (1 October 2021 to 7 January 2022) £2,966.59 net; and Ms L Clennell (10 January 2022 to 25 March 2022) £6,998.02 net. Each figure is the outstanding sum the Respondent must pay after accounting for partial reimbursement received from the Redundancy Payments Service.
In addition, Ms M Collot's holiday pay claim was upheld and the Respondent was ordered to pay 5.168 days' holiday in the sum of £511.48 net. Written reasons were not provided as the reasons were given orally at the hearing and no written request was made.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claimant 3 (Ms M Collot, 2300350/22): unpaid earnings October 2021 to 7 January 2022; outstanding sum £2,966.59 net after partial reimbursement from the Redundancy Payments Service. | Upheld | — | £2,967 |
| Holiday pay | Claimant 3 (Ms M Collot): holiday pay claim successful; 5.168 days awarded at £511.48 net. | Upheld | — | £511 |
| Unlawful deduction from wages | Claimant 4 (Ms L Clennell, 2301783/22): unpaid earnings January 2022 to 25 March 2022; outstanding sum £6,998.02 net after partial reimbursement from the Redundancy Payments Service. | Upheld | — | £6,998 |
| Unlawful deduction from wages | Claimant 1 (Ms Gillen, 2300060/2022 and 2300061/2022): unpaid earnings October 2021 to 4 January 2022; outstanding sum £2,586.93 net after partial reimbursement from the Redundancy Payments Service. | Upheld | — | £2,587 |
| Unlawful deduction from wages | Claimant 2 (Mr K Morris, 2300065/22): unpaid earnings September 2021 to 11 November 2021; outstanding sum £14,828.42 net after partial reimbursement from the Redundancy Payments Service. | Upheld | — | £14,828 |
Remedy
Monetary award- Total award
- £27,891
- 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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