Case 3205611/2021 · Employment Tribunal
Miss J Gargan v Flow Caritas Ltd — 2022
- Case reference
- 3205611/2021
- Decision date
- 14 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Park Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Miss J Gargan
Respondent
Key findings
Tribunal's reasoningMiss J Gargan brought claims against Flow Caritas Ltd for unlawful deductions, unfair dismissal, notice pay and holiday pay. The tribunal rejected the unlawful deduction claims relating to the calculation of furlough pay from March 2020 to 7 June 2021 and the alleged failure to pay commission for June 2021 and July 2021.
The tribunal found that the claimant had been constructively dismissed and that her unfair dismissal claim succeeded. It found that she had two complete years' service when her employment terminated on 12 July 2021 and that her average weekly pay was £475.08. It awarded a basic award of £950.16 and a compensatory award of £1,738.56, comprising loss of earnings from 12 August 2021 to 6 September 2021 and compensation for loss of statutory rights.
The claimant's notice pay claim succeeded. The tribunal found that she was entitled to one month's notice, that she had been paid in lieu for 12 July 2021 to 31 July 2021, and that she was entitled to £738.46 gross for the remainder of the notice period. Her claim for pay in respect of annual leave accrued but not taken on termination also succeeded, and she was awarded £2,907 gross in holiday pay. A further unlawful deduction claim concerning underpayments of holiday for leave taken before March 2020 was held to be out of time and did not succeed.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unlawful deduction claim relating to the calculation of pay while on furlough for the period March 2020 to 7 June 2021. | Dismissed | — | — |
| Unlawful deduction from wages | Unlawful deduction claim relating to the alleged failure to pay commission for June 2021 and July 2021. | Dismissed | — | — |
| Unfair dismissal | The tribunal found the claimant was constructively dismissed. It awarded a basic award of £950.16 and a compensatory award of £1,738.56. | Upheld | — | £2,689 |
| Breach of contract | Claim for the remainder of one month's notice pay after payment in lieu for 12 July 2021 to 31 July 2021. | Upheld | — | £738 |
| Holiday pay | Claim for pay in respect of annual leave accrued but not taken on termination. | Upheld | — | £2,907 |
| Unlawful deduction from wages | Claim concerning underpayments of holiday for periods of leave taken before March 2020; the tribunal held it was out of time. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £6,334
- across all upheld claims
- Basic award
- £950
- statutory, unfair dismissal
- Compensatory award
- £1,739
- compensatory remedy recorded
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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