Case 2301659/2019 · Employment Tribunal
Mrs P Broom v Evanscare Ltd — 2021
- Case reference
- 2301659/2019
- Decision date
- 27 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Khalil
- Venue
- London South
Parties
2 namedClaimant
Mrs P Broom
Respondent
Key findings
Tribunal's reasoningThe Tribunal, sitting alone, found that Mrs P Broom's claim for constructive unfair dismissal under ss.94, 95 and 98 of the Employment Rights Act 1996 was well founded and succeeded. It awarded a basic award of £2,897.37 and a compensatory award of £2,833.46, the latter comprising £2,483.46 for loss of earnings and £350 for loss of statutory protection.
The Tribunal also found in the claimant's favour on an unauthorised deductions claim for 6 November 2018 under s.13 of the Employment Rights Act 1996 and awarded £91.98. It further upheld the holiday pay claim, described as unauthorised deductions and a breach of Regulation 14 of the Working Time Regulations 1998, and awarded £459.90.
In addition, the Tribunal made an extra award of two weeks' pay under s.38 of the Employment Act 2002 because, on the evidence before it, the claimant did not have an up-to-date statement of employment particulars when the claim was issued. That additional award was £551.88. The total monetary award recorded by the judgment was £6,834.59.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Constructive unfair dismissal under ss.94/95/98 Employment Rights Act 1996. The claimant was awarded a basic award of £2,897.37 and a compensatory award of £2,833.46, made up of £2,483.46 for loss of earnings and £350 for loss of statutory protection. | Upheld | — | £5,731 |
| Unlawful deduction from wages | Unauthorised deductions claim for 6 November 2018 under s.13 Employment Rights Act 1996. | Upheld | — | £92 |
| Holiday pay | Unauthorised deductions claim for holiday pay under s.13 Employment Rights Act 1996 and breach of Regulation 14 of the Working Time Regulations 1998. | Upheld | — | £460 |
| Other | Additional award of two weeks' pay under s.38 Employment Act 2002 because, on the evidence before the Tribunal, the claimant did not have an up-to-date statement of employment particulars when the claim was issued. | Upheld | — | £552 |
Remedy
Monetary award- Total award
- £6,835
- across all upheld claims
- Basic award
- £2,897
- statutory, unfair dismissal
- Compensatory award
- £2,833
- compensatory remedy recorded
Legal tests applied
6 references- ss.94/95/98 Employment Rights Act 1996
- s.122 Employment Rights Act 1996
- s.123 Employment Rights Act 1996
- s.13 Employment Rights Act 1996
- Regulation 14 Working Time Regulations 1998
- s.38 Employment Act 2002
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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