Ms Ugoagu v Mays Homecare Limited — 2024

The claimant, Ms Ugoagu, brought claims of constructive unfair dismissal, automatically unfair dismissal for asserting a statutory right, wrongful dismissal (notice pay), unpaid holiday pay, unlawful deduction from wages, and failure to provide written particulars of employment against Mays Homecare Limited. Employment Judge Warren, sitting alone at Watford by CVP, dismissed all claims in a reserved judgment.

The tribunal found that the claimant did not have two years' qualifying service and so the ordinary unfair dismissal claim could not proceed. On the s.104 ERA 1996 claim, the judge found that by the time the claimant resigned her pay grievance had been resolved and her assertion that she had been underpaid was not made in good faith, as the signed contract clearly provided for pro rata pay based on a £25,000 annual salary for the part-time hours she worked. The wrongful dismissal claim failed because the claimant resigned without giving the contractual one month's notice.

The holiday pay claim was dismissed as outstanding leave had been settled through the claimant's pay following her grievance, and there was no credible evidence of any agreement for additional remuneration such as childcare payments. The tribunal also found there had been no unlawful deduction from wages, the respondent's calculations being in accordance with the signed contract. On the written particulars issue, the tribunal held that conditional terms had been issued and accepted prior to employment with a variation provision later exercised by both parties, so the respondent was not in breach when proceedings were begun.