Case 2402358/2022 · Employment Tribunal
Mrs S Jabeen v Gill Healthcare Limited — 2022
- Case reference
- 2402358/2022
- Decision date
- 15 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter REPRESENTATION
Parties
2 namedClaimant
Mrs S Jabeen
Respondent
Key findings
Tribunal's reasoningAfter the respondent failed to present a response, Employment Judge Shotter heard oral evidence from Mrs S Jabeen and entered judgment on 31 August 2022. The tribunal found that Gill Healthcare Limited was in fundamental breach of contract and that Mrs Jabeen had been constructively unfairly dismissed. It recorded that she was 39 at the effective date of termination and awarded £1,813.53 for unfair dismissal, made up of a basic award of £369.77 and a compensatory award of £943.76 for 12 days' loss of earnings from 6 to 24 December 2021 plus £500 for loss of statutory rights.
The tribunal upheld two holiday-related claims. It found a well-founded claim for accrued unpaid holiday under the Working Time Regulations 1998 and awarded £332.82 for 9 days at £36.98 gross less tax and national insurance. It also found unlawful deductions of wages for unpaid wages for 1 to 30 November 2021 and 1 to 5 December 2021, and separately for holidays taken from 1 September 2019 to 5 December 2021, awarding £1,167.21 and £2,494.80 respectively.
The tribunal further found that Gill Healthcare Limited had failed to pay the National Minimum Wage between 1 April 2020 and 31 March 2021 at £8.72 per hour and between 1 April 2021 and 5 November 2021 at £8.91 per hour, and ordered payment of the £332.11 shortfall. It also found a failure to provide a statement of terms and conditions under section 1 of the Employment Rights Act 1996 and ordered four weeks' salary of £739.56. The notice on interest recorded that statutory interest would apply to unpaid sums under the 1990 Order if the award remained unpaid after 14 days from 15 September 2022.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the respondent was in fundamental breach of contract and that the claimant was constructively unfairly dismissed. | Upheld | — | £1,814 |
| Holiday pay | Accrued unpaid holiday under the Working Time Regulations 1998, calculated as 9 days at £36.98 gross less lawful deductions. | Upheld | — | £333 |
| Unlawful deduction from wages | Unpaid wages for 1 to 30 November 2021 and 1 to 5 December 2021, calculated at £8.91 per hour. | Upheld | — | £1,167 |
| Unlawful deduction from wages | Unpaid holiday pay for holidays taken from 1 September 2019 to 5 December 2021, calculated at £8.91 per hour. | Upheld | — | £2,495 |
| Other | National Minimum Wage shortfall for 1 April 2020 to 31 March 2021 at £8.72 per hour and 1 April 2021 to 5 November 2021 at £8.91 per hour. | Upheld | — | £332 |
| Other | Failure to provide a statement of terms and conditions of employment under section 1 of the Employment Rights Act 1996; award of four weeks' salary. | Upheld | — | £740 |
Remedy
Monetary award- Total award
- £6,880
- across all upheld claims
- Basic award
- £370
- statutory, unfair dismissal
- Compensatory award
- £944
- 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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