Case 2502114/2024 · Employment Tribunal
Ms, Dawson ( of counsel) For the respondent No attendance ( v Oasis Private Care Ltd — 2025
- Case reference
- 2502114/2024
- Decision date
- 14 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T.R. Smith
- Venue
- Newcastle upon Tyne
Parties
2 namedClaimant
Ms, Dawson ( of counsel) For the respondent No attendance (
Respondent
Key findings
Tribunal's reasoningHearing in Newcastle upon Tyne with the claimant represented by counsel and the respondent failing to attend (Rule 47 of the Employment Tribunal Rules of Procedure 2024 applied). The Employment Judge upheld three claims and made a section 12 ERA 1996 declaration setting out the written particulars that should have been given to the claimant, attached as a schedule.
The unlawful deduction from wages claim was upheld in the gross sum of £18,762.03. The holiday pay claim was upheld in the sum of £769.93 (regulation 14(2) Working Time Regulations 1998). The failure to provide written statement of employment particulars claim under s.38 Employment Act 2002 was upheld; the tribunal found there were no exceptional circumstances making a 2-week award unjust or inequitable, and that it was just and equitable to make the higher 4 weeks' gross pay award of £1,856.40.
The schedule of particulars confirmed the claimant was a Care Worker employed from 15 August 2023 at £10.75 per hour / £419.25 per week / £21,801 per year, on a minimum 39-hour week with a 5-year fixed term and a 6-month probationary period. Combined awards total £21,388.36 (gross).
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Rule 47 default judgment (no respondent attendance). Gross sum deducted; claimant responsible for tax/NI. | Upheld | — | £18,762 |
| Holiday pay | Failure to pay in accordance with regulation 14(2) Working Time Regulations 1998. | Upheld | — | £770 |
| Other | Failure to provide written statement of employment particulars under s.38 Employment Act 2002. Just and equitable to make the higher 4 weeks' gross pay award. Also a section 11 ERA 1996 declaration of particulars made in the schedule. | Upheld | — | £1,856 |
Remedy
Monetary award- Total award
- £21,388
- across all upheld claims
Legal tests applied
5 references- Rule 47 Employment Tribunal Procedure Rules 2024
- Part II Employment Rights Act 1996
- section 11 Employment Rights Act 1996
- regulation 14(2) Working Time Regulations 1998
- section 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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