Case 2501346/2024 · Employment Tribunal
Mrs A Butterfield v Ashes Care Group Limited — 2024
- Case reference
- 2501346/2024
- Decision date
- 21 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
Mrs A Butterfield
Respondent
Key findings
Tribunal's reasoningThe Tribunal upheld the claimant's wages complaint, finding an unauthorised deduction from wages for the two weeks ending 15 March 2024 and ordering repayment of the gross sum deducted, £695.50. It also upheld the notice pay complaint as a breach of contract claim and awarded £2,929.25 in damages, calculated using gross pay because the Tribunal noted the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay.
The holiday pay complaint was recorded as dismissed, having been withdrawn by the claimant. The Tribunal also determined under section 163 of the Employment Rights Act 1996 that the claimant was entitled to a redundancy payment of £10,432.50.
In relation to collective consultation, the Tribunal found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the dismissal and made a protective award under section 189(3). The protected period was 90 days beginning on 15 March 2024, and the written record states that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply, but it does not state a separate monetary figure for the protective award.
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 the two weeks ending 15 March 2024 and ordered repayment of the gross sum deducted. | Upheld | — | £696 |
| Breach of contract | The Tribunal upheld the notice pay complaint and awarded damages calculated using gross pay to reflect the likelihood of tax being due on Post Employment Notice Pay. | Upheld | — | £2,929 |
| Holiday pay | The Tribunal recorded the holiday pay complaint as dismissed, having been withdrawn by the claimant. | Withdrawn | — | — |
| Redundancy | Under section 163 Employment Rights Act 1996, the Tribunal determined that the claimant was entitled to a redundancy payment of £10,432.50. | Upheld | — | £10,433 |
| Trade union | The Tribunal found non-compliance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award under section 189(3) for a protected period of 90 days beginning on 15 March 2024. The written record does not state a numeric amount for that award. | Upheld | — | — |
Remedy
Monetary award- Total award
- £14,057
- across all upheld claims
Legal tests applied
4 references- s.163 Employment Rights Act 1996
- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(3) Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) 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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