Case 2305128/2019 · Employment Tribunal
Ms Gemma Mortland v Islanders Vets — 2020
- Case reference
- 2305128/2019
- Decision date
- 3 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rahman
- Venue
- London South
Parties
2 namedClaimant
Ms Gemma Mortland
Respondent
Key findings
Tribunal's reasoningThe Claimant resigned on 7 October 2019 and said she would work the following two months, but would appreciate being released sooner if possible. The Respondent then wrote on 7 October 2019 that it would release her sooner, and on 9 October 2019 emailed that her last day was that day. The tribunal found there was no acceptance by the Claimant of those terms and held that the Respondent's communications amounted to a wrongful dismissal, entitling her to notice pay. Because the Claimant obtained new employment from 28 October 2019, the notice loss was limited to one month rather than two.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Tribunal found an unauthorised deduction from wages for 1-9 October 2019. The order was for £573 gross, with the Claimant to account for any tax or national insurance deductions; the judgment also described the October deduction as £441.25 net. | Upheld | — | £573 |
| Wrongful dismissal | The tribunal held that the Respondent's communications on 7 and 9 October 2019 amounted to a wrongful dismissal and that the Claimant was entitled to notice pay. The award was reduced to one month because she obtained new employment from 28 October 2019. | Upheld | — | £1,138 |
| Holiday pay | The tribunal found that the Claimant had accrued 3.5 days' holiday pay for 1 September to 9 October 2019. The award was calculated net of tax using an hourly rate of £8.21 and an 8-hour day. | Upheld | — | £230 |
Remedy
Monetary award- Total award
- £1,941
- across all upheld claims
Legal tests applied
6 references- wrongful dismissal / notice pay
- balance of probabilities
- s.13(1) ERA 1996
- s.23 ERA 1996
- s.230(3) ERA 1996
- Working Time Regulations 1998
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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