Case 3200201/2018 · Employment Tribunal
Ms AM Tremain v Forrest Nurseries Limited T/a Clever Cloggs Day Nursery — 2020
- Case reference
- 3200201/2018
- Decision date
- 5 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Burgher Members
- Venue
- East London Hearing Centre
- Panel members
- Ms L Conwell-Tillotson, Ms J Owen
Parties
2 namedClaimant
Ms AM Tremain
Key findings
Tribunal's reasoningThe tribunal's unanimous judgment dismissed the claimant's claims for direct age discrimination, failure to make reasonable adjustments in respect of her disabilities, unfair constructive dismissal, unpaid holiday pay, and unpaid overtime. The judgment records those claims as having failed without any award being made on them.
The claimant succeeded on a breach of contract claim arising from attendance at mandatory Health and First Aid Training days on 24 October 2015 and 7 November 2015. The tribunal ordered the respondent to pay £80.40 on that claim.
The tribunal also found that the respondent had failed to provide the claimant with a written statement of particulars of employment. It ordered payment of four weeks' pay pursuant to section 38 of the Employment Act 2002, assessed at £857.60. The total amount ordered was £938.00.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | The tribunal said the claimant's claim for direct age discrimination failed and was dismissed. | Dismissed | Age | — |
| Disability discrimination | The tribunal said the claimant's claim that the respondent failed to make reasonable adjustments in respect of her disabilities failed and was dismissed. | Dismissed | Disability | — |
| Constructive dismissal | The tribunal said the claim for unfair constructive dismissal failed and was dismissed. | Dismissed | — | — |
| Holiday pay | The tribunal said the claim for unpaid holiday pay failed and was dismissed. | Dismissed | — | — |
| Other | The tribunal said the claimant's claim for unpaid overtime failed and was dismissed; the extracted judgment does not state the legal basis of this claim. | Dismissed | — | — |
| Breach of contract | The tribunal upheld the claimant's breach of contract claim for payment due for attendance at mandatory Health and First Aid Training days on 24 October 2015 and 7 November 2015. |
Remedy
Monetary award- Total award
- £938
- across all upheld claims
Legal tests applied
1 reference- s.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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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