Case 2306147/2023 · Employment Tribunal
Mrs. J. Chadwick v Aspire Home Carers (Ramsgate) Limited, and 1 other — 2024
- Case reference
- 2306147/2023
- Decision date
- 24 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sudra
- Venue
- London South
Parties
3 namedClaimant
Mrs. J. Chadwick
Key findings
Tribunal's reasoningEmployment Judge Sudra, sitting alone at London South Employment Tribunal on 23 September 2024, determined the claims brought by Mrs J. Chadwick against Aspire Home Carers (Ramsgate) Limited and Aspire Home Carers Limited (In Creditors Voluntary Liquidation). The claimant appeared in person and the respondent failed to attend the hearing.
The tribunal found that the claimant's claim of constructive unfair dismissal under s.95(1)(c) of the Employment Rights Act 1996 was well founded and upheld. Her claim of unauthorised deductions from wages under s.13 ERA 1996 was also well founded and upheld, as was her claim of breach of regulation 13 of the Working Time Regulations 1998 in relation to outstanding holiday pay.
The claimant was awarded a basic award of £7,716.00, a compensatory award of £14,679.06, £7,211.54 for unauthorised deductions from wages, and £3,028.25 for unpaid accrued holiday pay. The respondent was ordered to pay the total sum of £32,635.45 within 14 days of the judgment being sent to the parties. Written reasons were not provided as reasons had been given orally at the hearing.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Claim of constructive unfair dismissal under s.95(1)(c) ERA 1996. Award comprises £7,716.00 basic award and £14,679.06 compensatory award. | Upheld | — | £22,395 |
| Unfair dismissal | The judgment frames the dismissal claim as constructive unfair dismissal under s.95(1)(c) ERA 1996; the basic and compensatory awards are recorded against the constructive_dismissal entry to avoid double-counting. | Upheld | — | — |
| Unlawful deduction from wages | Unauthorised deductions from wages under s.13 ERA 1996. | Upheld | — | £7,212 |
| Working time regulations | Breach of regulation 13 of the Working Time Regulations 1998 in relation to outstanding holiday pay. | Upheld | — | £3,028 |
Remedy
Monetary award- Total award
- £32,635
- across all upheld claims
- Basic award
- £7,716
- statutory, unfair dismissal
- Compensatory award
- £14,679
- compensatory remedy recorded
Legal tests applied
3 references- s.95(1)(c) Employment Rights Act 1996
- s.13 Employment Rights Act 1996
- regulation 13 of the 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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