Case 2602730/2023 · Employment Tribunal
Mrs Vicky Smith v Isys Care Ltd — 2024
- Case reference
- 2602730/2023
- Decision date
- 19 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
Parties
2 namedClaimant
Mrs Vicky Smith
Respondent
Key findings
Tribunal's reasoningEmployment Judge Ahmed, sitting alone at Nottingham, held that Mrs Vicky Smith succeeded in claims for unauthorised deduction from wages, breach of contract in relation to notice pay, unpaid holiday pay, and unfair dismissal. The respondent did not appear or take part in the hearing. The tribunal ordered Isys Care Ltd to pay £1,597.60 gross for unauthorised deductions from wages, with the claimant responsible for any tax or National Insurance.
The tribunal also held that the notice pay claim was well-founded and awarded £4,607.64 gross as damages for breach of contract. In relation to holiday pay, the tribunal found that the respondent failed to pay for holiday accrued but not taken when the employment ended, and awarded £828.12 gross. The judgment stated that this failure amounted to an unauthorised deduction from wages.
On dismissal, the tribunal found that Mrs Smith was unfairly dismissed. It further found 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 section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
For unfair dismissal, the tribunal awarded a basic award of £8,639.33 and a compensatory award of £6,563.33, made up of £4,607.64 for loss of earnings, £634.00 for loss of statutory rights, and a 25% uplift of £1,312.66. The total unfair dismissal award was £15,202.66. Across all successful claims, the monetary awards recorded in the judgment total £22,236.02.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and awarded the gross sum deducted. | Upheld | — | £1,598 |
| Breach of contract | This related to notice pay and was awarded as gross damages for breach of contract. | Upheld | — | £4,608 |
| Holiday pay | The tribunal found unpaid accrued but untaken holiday on termination and described the non-payment as an unauthorised deduction from wages. | Upheld | — | £828 |
| Unfair dismissal | The unfair dismissal award comprised a basic award of £8,639.33 and a compensatory award of £6,563.33, including a 25% ACAS Code uplift. | Upheld | — | £15,203 |
Remedy
Monetary award- Total award
- £22,236
- across all upheld claims
- Basic award
- £8,639
- statutory, unfair dismissal
- Compensatory award
- £6,563
- 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.