Case 3305299/2023 · Employment Tribunal
Ms Rachel Clark v Thanureka Jegajeevan — 2024
- Case reference
- 3305299/2023
- Decision date
- 4 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davey Representation
Parties
2 namedClaimant
Ms Rachel Clark
Respondent
Key findings
Tribunal's reasoningAt the hearing on 4 June 2024 before Employment Judge Davey, Ms Rachel Clark succeeded on her unfair dismissal claim against Thanureka Jegajeevan. The tribunal held that the complaint of unfair dismissal was well-founded and awarded a basic award of £1,142 and a compensatory award of £12,961.81. It also found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, so the compensatory award was increased by 25% under s.207A of the Trade Union & Labour Relations (Consolidation) Act 1992. The judgment recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply, and that the total award for unfair dismissal was £14,103.81, being the sum actually payable after deductions.
The tribunal also found the complaint of breach of contract in relation to notice pay to be well-founded. No separate financial award was made for that claim because the tribunal said there was no additional sum beyond the compensatory award already made.
The claim for unauthorised deductions from wages also succeeded. The tribunal found that the respondent had made an unauthorised deduction from wages of £7,696.84 in the period from 1 August 2022 to 3 January 2023. A 10% ACAS uplift was applied under s.207A of the 1992 Act, producing a total award of £8,466.52, and the judgment noted that the claimant is responsible for any tax or National Insurance. On the figures recorded in the judgment, the separate awards total £22,570.33.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair and awarded a basic award of £1,142 and a compensatory award of £12,961.81, including a 25% ACAS uplift of £2,592.36 under s.207A TULR(C)A 1992. | Upheld | — | £14,104 |
| Breach of contract | The notice pay complaint was well-founded, but no separate financial award was made beyond the compensatory award already ordered. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages of £7,696.84 for the period 1 August 2022 to 3 January 2023 and applied a 10% ACAS uplift under s.207A TULR(C)A 1992. The claimant was responsible for any tax or National Insurance. | Upheld | — | £8,467 |
Remedy
Monetary award- Total award
- £22,570
- across all upheld claims
- Basic award
- £1,142
- statutory, unfair dismissal
- Compensatory award
- £12,962
- compensatory remedy recorded
Legal tests applied
3 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
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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