Case 2500683/2023 · Employment Tribunal
Miss Samantha McNeil and others v Primrose Court Health Care Limited — 2023
- Case reference
- 2500683/2023
- Decision date
- 19 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McGregor Representation
- Venue
- Newcastle
Parties
2 namedClaimant
Miss Samantha McNeil and others
Respondent
Key findings
Tribunal's reasoningThe respondent failed to present a valid response and did not attend the final hearing on 23 June 2023. The tribunal therefore proceeded under rule 21 of the Employment Tribunals Rules of Procedure 2013 on the papers and on sworn evidence from the claimants. It found that the claimants had been dismissed by reason of redundancy, that redundancy payments were due under s.163 and s.135(1)(a) ERA 1996, that the respondent failed to give the required notice under s.86(1) ERA 1996, and that the holiday pay claims were well founded under regulation 30(1)(b) of the Working Time Regulations 1998.
The tribunal recorded that Miss Georgia Allan's claim, case 2500695/2023, was struck out after the claimant's spokesperson said she no longer wished to pursue it and she did not attend the hearing. For the remaining claimants, the judgment listed individual gross awards for redundancy payment, notice pay and holiday pay in paragraphs 9 to 22, and ordered the respondent to pay those sums gross.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the redundancy payment claims well founded for the successful claimants and ordered the gross redundancy sums listed at paragraphs 9 to 22. | Upheld | — | — |
| Breach of contract | The tribunal found the notice pay claims well founded under s.86(1) ERA 1996 and ordered the gross notice pay sums listed at paragraphs 9 to 22. | Upheld | — | — |
| Holiday pay | The tribunal found the holiday pay claims well founded under regulation 30(1)(b) of the Working Time Regulations 1998 and ordered the gross holiday pay sums listed at paragraphs 9 to 22. | Upheld | — | — |
| Other | Miss Georgia Allan's claim, case 2500695/2023, was struck out after the claimant's spokesperson said she no longer wished to pursue it and she failed to attend the hearing. | Struck out | — | — |
Remedy
Monetary award- Total award
- £59,668
- across all upheld claims
Legal tests applied
5 references- rule 21 Employment Tribunals Rules of Procedure 2013
- s.163 ERA 1996
- s.135(1)(a) ERA 1996
- s.86(1) ERA 1996
- regulation 30(1)(b) 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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