Case 2414314/2021 · Employment Tribunal
Miss G Harris v Nicem Ltd t/a The Financial Management Centre (in voluntary liquidation) — 2022
- Case reference
- 2414314/2021
- Decision date
- 16 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Morgan REPRESENTATION
Parties
2 namedClaimant
Miss G Harris
Key findings
Tribunal's reasoningThe tribunal held that Miss G Harris' claim of constructive dismissal succeeded. It awarded a basic award of £4,200 and a compensatory award of £9,356.47, making a total award of £13,556.47 on that claim.
The tribunal also found that the claimant was owed £2,135 for accrued but untaken holiday. It further upheld the breach of contract claim in relation to the respondent's failure to make pension contributions, awarding £3,259 as damages.
In addition, because no written statement of employment particulars had been provided, the tribunal ordered payment of two weeks' pay under s.38 Employment Act 2002 in the sum of £700. The total sum payable was £19,650.47.
The recoupment section stated that the prescribed element was £8,232.64, relating to the period 31 July 2021 to 29 January 2022, and that the amount by which the monetary award exceeded the prescribed element was £11,417.83.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Awarded a basic award of £4,200 and a compensatory award of £9,356.47. | Upheld | — | £13,556 |
| Holiday pay | Award for accrued but untaken holiday. | Upheld | — | £2,135 |
| Breach of contract | Damages for breach of contract in relation to failure to make pension contributions. | Upheld | — | £3,259 |
| Other | Award under s.38 Employment Act 2002 for failure to provide a written statement of employment particulars. | Upheld | — | £700 |
Remedy
Monetary award- Total award
- £19,650
- across all upheld claims
- Basic award
- £4,200
- statutory, unfair dismissal
- Compensatory award
- £9,356
- compensatory remedy recorded
Legal tests applied
3 references- s.38 Employment Act 2002
- Employment Tribunals (Interest) Order 1990
- Employment Protection (Recoupment of Benefits) Regulations 1996
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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