Case 2501347/2024 · Employment Tribunal
Miss G N Savage v Ashes Care Group Limited — 2024
- Case reference
- 2501347/2024
- Decision date
- 21 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
Miss G N Savage
Respondent
Key findings
Tribunal's reasoningAt a hearing on 21 August 2024 before Employment Judge Aspden, with the claimant represented and no attendance for the respondent, the tribunal found the claimant’s complaint of unauthorised deductions from wages well-founded. It awarded £642 gross for the two weeks ending 15 March 2024. The tribunal also upheld the holiday pay complaint and awarded £299.60 gross for holidays accrued but not taken when employment ended, and upheld the breach of contract claim for notice pay, awarding £2,014.80 in damages calculated using gross pay.
The tribunal further held, under section 163 Employment Rights Act 1996, that the claimant was entitled to a redundancy payment of £6,901.50. It also 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 claimant’s dismissal and therefore made a protective award under section 189(3).
The protective award was stated as an order equivalent to remuneration for the period of 90 days beginning on 15 March 2024. The decision notes that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to that award. The extracted text does not state a separate cash figure for the protective award, so no overall monetary total is specified in the judgment text supplied here.
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 payment of the gross sum deducted. | Upheld | — | £642 |
| Breach of contract | Notice pay was found to be a well-founded breach of contract claim. The tribunal awarded damages calculated using gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £2,015 |
| Holiday pay | The tribunal found the respondent had failed to pay holiday accrued but untaken when employment ended and ordered the gross sum remaining owing. | Upheld | — | £300 |
| Redundancy | The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment in this amount. | Upheld | — | £6,902 |
| Other | The tribunal found a failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award under section 189(3) equivalent to remuneration for 90 days beginning on 15 March 2024. The extracted text does not state a separate cash figure for this award. | Upheld | — | — |
Legal tests applied
4 references- section 163 Employment Rights Act 1996
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 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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