Case 2602883/2018 · Employment Tribunal
Ms C Stephenson v Progressive Care Limited FINAL HEARING — 2021
- Case reference
- 2602883/2018
- Decision date
- 29 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Appearances
Parties
2 namedClaimant
Ms C Stephenson
Respondent
Key findings
Tribunal's reasoningEmployment Judge Camp, sitting alone at Midlands East / Nottingham on 25 and 26 to 29 January 2021, heard Ms C Stephenson's claims against Progressive Care Limited. The tribunal dismissed the unfair dismissal claim and the breach of contract claim for car mileage expenses.
The tribunal upheld the unlawful deductions from wages complaint and awarded £262.26. In the addendum, it set out the calculation: the claimant's final pay slip was £3,884.61 before deductions, it covered one month plus two working days, and after tax and NI, student loan repayment and the respondent's deductions, the amount referable to the pay reference period left a shortfall of £262.26.
The tribunal also found that, when proceedings began, the respondent was in breach of its duty under section 4(1) of the Employment Rights Act 1996 and awarded a further £1,016 under section 38 of the Employment Act 2002, being two weeks' pay. The total sum payable was £1,278.26, and the £262.26 unlawful deduction was not recoverable by the respondent by way of further deduction or set-off under section 25(4) of the Employment Rights Act 1996.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Dismissed | — | — |
| Breach of contract | Claim for car mileage expenses failed. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal explained in the addendum that the claimant's final pay slip was £3,884.61 before deductions, that it covered one month plus two working days, and that after tax and NI, student loan repayment and the respondent's deductions, the shortfall attributable to the pay reference period was £262.26. | Upheld | — | £262 |
| Other | Award of two weeks' pay under section 38 of the Employment Act 2002 after the tribunal found the respondent was in breach of its duty under section 4(1) of the Employment Rights Act 1996 when proceedings began. | Upheld | — | £1,016 |
Remedy
Monetary award- Total award
- £1,278
- across all upheld claims
Legal tests applied
3 references- section 25(4) Employment Rights Act 1996
- section 4(1) Employment Rights Act 1996
- 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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