Case 3310402/2023 · Employment Tribunal
Mrs B Barnfield v Meadowbrook Montessori Ltd — 2024
- Case reference
- 3310402/2023
- Decision date
- 4 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Armstrong Representation
- Venue
- Watford
Parties
2 namedClaimant
Mrs B Barnfield
Respondent
Key findings
Tribunal's reasoningEmployment Judge Armstrong, sitting at Watford by video on 3 October 2024, determined the claims of Mrs B Barnfield against Meadowbrook Montessori Ltd. The respondent did not attend but submitted written representations. The Tribunal found the complaint of unauthorised deductions from wages well-founded and ordered payment of £2,575 (gross sum deducted in April 2023) plus £77.25 for pension contribution losses. The breach of contract complaint regarding notice pay was also well-founded, with £10,609 awarded as damages (£10,300 notice pay for 1 May to 31 August 2023 plus £309 pension contributions), calculated on gross pay to reflect likely Post Employment Notice Pay tax treatment.
Under section 163 of the Employment Rights Act 1996 the Tribunal determined the claimant was entitled to a statutory redundancy payment of £6,239.41. The Tribunal further found the respondent had failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and declared the protective award claim well-founded, making a protective award for the maximum 90-day protected period beginning 21 April 2023 on the basis that it was just and equitable to do so given the complete failure to comply with the statutory collective consultation requirements.
The claim for holiday pay was dismissed on withdrawal by the claimant. The Tribunal found that the claimant had been unfairly dismissed but made no further remedy in respect of unfair dismissal in light of the notice pay and redundancy pay already awarded.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | £2,575 gross sum deducted plus £77.25 pension contributions compensation for the April 2023 deduction. | Upheld | — | £2,652 |
| Breach of contract | Damages for notice pay (£10,300 for 1 May 2023 to 31 August 2023) plus £309 pension contributions, calculated on gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £10,609 |
| Redundancy | Statutory redundancy payment under s.163 Employment Rights Act 1996 (£6,239.41 rounded). | Upheld | — | £6,239 |
| Trade union | Protective award declared well-founded for failure to comply with ss.188 and 188A TULR(C)A 1992; protected period of 90 days from 21 April 2023 (maximum award). Monetary value of the protective award per day was not calculated in the judgment text. | Upheld | — | — |
| Unfair dismissal | Unfair dismissal found but no further remedy awarded in light of notice pay and redundancy pay already awarded. | Upheld | — | — |
| Holiday pay | Dismissed on withdrawal by the claimant. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £19,500
- across all upheld claims
- Basic award
- £6,239
- statutory, unfair dismissal
Legal tests applied
2 references- section 163 Employment Rights Act 1996
- sections 188 and 188A Trade Union and Labour Relations (Consolidation) Act 1992
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
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