Case 2500733/2023 · Employment Tribunal
Ms H Gaines v Leslie Brown Contracting Limited — 2025
- Case reference
- 2500733/2023
- Decision date
- 14 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge AEPitt
- Panel members
- Mr S Carter, Mr S Wykes
Parties
2 namedClaimant
Ms H Gaines
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Ms H Gaines was an employee and upheld her unlawful deduction from wages claim in relation to December 2022 and January 2023. It ordered the respondent to pay £3,267 for those deductions.
The tribunal also found that the claimant had not been provided with written particulars of employment as required by section 1 of the Employment Rights Act 1996. Applying section 38 of the Employment Act 2002, it awarded two weeks' wages of £880 for that failure.
The unfair dismissal claim failed because the claimant did not have the requisite qualifying period, so the tribunal held that it had no jurisdiction to hear that claim. The judgment also records direct sex discrimination and sexual harassment allegations arising from events in 2021; those were presented out of time and it was not just and equitable to extend time, so the tribunal had no jurisdiction to hear them.
On the allegations linked to non-payment of wages, the tribunal found that the direct discrimination claim was not made out and dismissed it, and that the sexual harassment claim based on the same wage issue was also not made out and dismissed. The total award recorded in the judgment was £4,147.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for December 2022 and January 2023 and ordered payment of £3,267. | Upheld | — | £3,267 |
| Other | The tribunal found the claimant had not been provided with written particulars of employment as required by section 1 of the Employment Rights Act 1996 and awarded two weeks' wages under section 38 of the Employment Act 2002. | Upheld | — | £880 |
| Unfair dismissal | The tribunal found the claimant did not have the requisite qualifying period, so it had no jurisdiction to hear the unfair dismissal claim. | Dismissed | — | — |
| Sex discrimination | Direct discrimination allegations based on events in 2021 were presented out of time and it was not just and equitable to extend time. The separate direct discrimination allegation based on non-payment of wages was dismissed. Paragraph 9 refers to 'December 2023', which appears inconsistent with the rest of the judgment's January 2023 references. | Dismissed | Sex | — |
| Harassment | Sexual harassment allegations based on events in 2021 were presented out of time and it was not just and equitable to extend time. The separate sexual harassment allegation based on non-payment of wages was dismissed. | Dismissed | Sex | — |
Remedy
Monetary award- Total award
- £4,147
- across all upheld claims
Legal tests applied
4 references- requisite qualifying period
- just and equitable to extend time
- s.1 Employment Rights Act 1996
- s.38 Employment Act 2002
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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