Case 3309517/2023 · Employment Tribunal
Mrs Rubi Gonzalez v Fabskills Limited — 2024
- Case reference
- 3309517/2023
- Decision date
- 10 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Appearances
Parties
2 namedClaimant
Mrs Rubi Gonzalez
Respondent
Key findings
Tribunal's reasoningRegional Employment Judge Foxwell heard the case at Watford by video on 7 August 2024. The claimant appeared in person, assisted by her husband; the respondent had not entered a response and did not attend. On the claimant's evidence, which the judge accepted, she was employed by Fabskills Limited from 29 December 2022 to 4 April 2023, when she was dismissed without notice with nothing to suggest the respondent was entitled to do so.
The tribunal found the claimant worked but was not paid for 32 hours in the first week of April 2023, had accrued 68 hours of holiday pay at the date of dismissal, and was entitled to a 3% auto-enrolment pension contribution that had not been paid. The judge accepted her hourly rate of £11.45 gross and a 40-hour contracted week, and awarded gross sums of £458 notice pay, £366.40 arrears of pay, £778.60 holiday pay and £156 pension contributions, totalling £1,759.
The claim for compensation for injury to feelings and emotional distress was dismissed on the basis that the tribunal had no power to make such an award, following Dunnachie v Kingston upon Hull City Council [2004] UKHL 36.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Award of £366.40 gross for 32 unpaid hours worked in the first week of April 2023. | Upheld | — | £366 |
| Breach of contract | Notice pay: claimant dismissed without notice; £458 damages awarded. | Upheld | — | £458 |
| Breach of contract | Unpaid 3% auto-enrolment pension contributions; £156 damages awarded. | Upheld | — | £156 |
| Holiday pay | 68 hours accrued holiday pay at dismissal; £778.60 awarded. | Upheld | — | £779 |
| Other | Claim for compensation for injury to feelings dismissed; tribunal held it had no power to award such compensation, citing Dunnachie v Kingston upon Hull City Council [2004] UKHL 36. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,759
- across all upheld claims
Legal tests applied
1 reference- Dunnachie v Kingston upon Hull City Council [2004] UKHL 36
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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