Case 2401954/2024 · Employment Tribunal
Miss Y Benjamin v Vivo Medical Services Limited — 2025
- Case reference
- 2401954/2024
- Decision date
- 30 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspinall JUDGMENT
- Venue
- Liverpool
Parties
2 namedClaimant
Miss Y Benjamin
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Miss Y Benjamin’s claim for unauthorised deduction from wages succeeded. It found that she had not been paid for August 2023 and September 2023, had received no pay during her notice period to 9 November 2023, and had not been paid those amounts at the national minimum wage rate. The respondent did not attend or participate in the final hearing on 26 June 2025.
The tribunal also held that the unfair dismissal claim succeeded. In the remedy judgment, it ordered £8,214 in total, made up of £750 for August 2023, £750 for September 2023, £166 for one week at national minimum wage rate during the notice period, £547 for five weeks at statutory sick pay rate, a £1,000 basic award, £4,501 for loss of earnings from 9 November 2023 to 16 May 2024, and £500 for loss of statutory rights.
The judgment also recorded that a second remedy hearing would be listed to consider additional compensation elements, including loss of statutory maternity pay between 16 May 2023 and 3 July 2024 and future loss of earnings. The tribunal made a provisional finding that it would have taken the claimant one month from her planned return to work in July 2024 to find alternative employment, and noted that evidence would be needed about benefits received because recoupment provisions would apply.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unpaid wages for August 2023 and September 2023, unpaid notice pay to 9 November 2023, and failure to pay those amounts at national minimum wage rate. The remedy breakdown for this claim was £750 + £750 + £166 + £547. | Upheld | — | £2,213 |
| Unfair dismissal | The tribunal found the unfair dismissal claim well-founded. The remedy breakdown for this claim was a basic award of £1,000, a compensatory award of £4,501 for loss of earnings from 9 November 2023 to 16 May 2024, and £500 for loss of statutory rights. | Upheld | — | £6,001 |
Remedy
Monetary award- Total award
- £8,214
- across all upheld claims
- Basic award
- £1,000
- statutory, unfair dismissal
- Compensatory award
- £4,501
- compensatory remedy recorded
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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