Case 2602656/2023 · Employment Tribunal
Mrs Wendy Spier v Isys Care Ltd — 2024
- Case reference
- 2602656/2023
- Decision date
- 19 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
Parties
2 namedClaimant
Mrs Wendy Spier
Respondent
Key findings
Tribunal's reasoningEmployment Judge Ahmed, sitting alone at Nottingham on 18 July 2024, decided the claims against Isys Care Ltd in the respondent's absence. The Tribunal held that Mrs Wendy Spier's complaint of unauthorised deductions from wages was well-founded and ordered the respondent to pay £1,672.00 gross, with the claimant responsible for any tax or National Insurance.
The Tribunal also held that the complaint of breach of contract in relation to notice pay was well-founded and awarded £576.00 gross as damages. It further held that the unpaid holiday pay complaint was well-founded, finding that the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when the employment ended, and awarded £771.84 gross.
The Tribunal found that the claimant was unfairly dismissed. It held that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and that it was just and equitable to increase the compensatory award by 25% under s 207A Trade Union & Labour Relations (Consolidation) Act 1992.
For unfair dismissal, the Tribunal awarded a basic award of £621.00 and a compensatory award of £4,403.75, made up of £2,880.00 loss of earnings, £643.00 loss of statutory rights, and a £880.75 ACAS uplift. The judgment recorded the total award for unfair dismissal as £5,024.75; adding the separately recorded wages, notice pay, and holiday pay awards gives £8,044.59 in total monetary awards.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The judgment records the complaint of unauthorised deductions from wages as well-founded and awards the gross sum deducted. | Upheld | — | £1,672 |
| Breach of contract | The judgment describes this as breach of contract in relation to notice pay and awards gross damages. | Upheld | — | £576 |
| Holiday pay | The judgment records unpaid accrued holiday pay as well-founded and describes the failure to pay it as an unauthorised deduction from wages. | Upheld | — | £772 |
| Unfair dismissal | The judgment states that the claimant was unfairly dismissed and separately gives the total award for unfair dismissal. | Upheld | — | £5,025 |
Remedy
Monetary award- Total award
- £8,045
- across all upheld claims
- Basic award
- £621
- statutory, unfair dismissal
- Compensatory award
- £4,404
- compensatory remedy recorded
Legal tests applied
2 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s 207A Trade Union & Labour Relations (Consolidation) Act 1992
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.