Case 2306863/2023 · Employment Tribunal
Miss T. E. Efuribe v Aboutcare Hastings Ltd T/A Everycare Hastings — 2024
- Case reference
- 2306863/2023
- Decision date
- 14 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G. King Representation
- Venue
- London South ET
Parties
2 namedClaimant
Miss T. E. Efuribe
Key findings
Tribunal's reasoningThe claimant brought claims of automatic unfair dismissal for raising a health and safety concern and holiday pay. The tribunal found that she was employed from 16 October 2023 until dismissal with effect from 23 November 2023, and that her earlier expected start date was conditional on completed DBS checks.
On the dismissal claim, the tribunal found on the claimant's own evidence that she had not provided a fit note within the timeframe required by the respondent's sickness absence policy. It found that her evidence supported the respondent's case that dismissal was for not providing a fit note, rather than because she raised a health and safety concern.
On holiday pay, the tribunal found that holiday entitlement was calculated from the actual start date of 16 October 2023, not from a proposed conditional start date. It struck out both claims as having no reasonable prospect of success, and said that if that conclusion were wrong it would have struck out the claims on conduct grounds because a fair hearing was no longer possible in the current setting.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim was automatic unfair dismissal on the ground of reporting health and safety concerns. The tribunal found it had no reasonable prospect of success and struck it out under Rule 37(1)(a). | Struck out | — | — |
| Holiday pay | The pleaded wages issue was treated as a holiday pay claim. The tribunal found it had no reasonable prospect of success and struck it out under Rule 37(1)(a). | Struck out | — | — |
Legal tests applied
4 references- s.100 Employment Rights Act 1996
- s.44 Employment Rights Act 1996
- Rule 37(1)(a)
- Rule 2
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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