Case 3327860/2019 · Employment Tribunal
Mr H Israel v Connect Care and Support Ltd (t/a Encore Health and Coghlan Lodges) — 2020
- Case reference
- 3327860/2019
- Decision date
- 14 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Daniels
- Venue
- Watford
Parties
2 namedClaimant
Mr H Israel
Key findings
Tribunal's reasoningAt the Watford CVP hearing on 10 December 2020, Employment Judge Daniels sitting alone found that Mr H Israel was an employee at all relevant times, was constructively dismissed by the respondent on 22 October 2019, and was unfairly dismissed. The tribunal also found that the respondent breached the contract of employment by failing to pay notice pay, made unlawful deductions from wages during employment, and breached the Working Time Regulations 1998 in relation to holiday pay.
On remedy, the tribunal awarded £8,686.93 for unlawful deductions from wages during employment, £1,996.34 for notice pay, and £2,218.15 for holiday pay. The unlawful deduction and holiday pay awards were gross sums payable less tax and national insurance at source; the notice pay award was a net sum. Each of those awards included a 10% ACAS uplift.
For unfair dismissal, the basic award was £2,362.50. The compensatory calculation included £500 for loss of statutory rights and £19,030.15 for loss of earnings from 12 November 2019 to 11 November 2020, before a 50% Polkey and/or just and equitable reduction to reflect the likely drop in the claimant's hours after 12 November 2019. The final compensatory award after the uplift was £11,016.59, making the total unfair dismissal award £13,379.09. The tribunal recorded that the Recoupment Regulations do not apply.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal found the claimant was constructively dismissed on 22 October 2019; no separate monetary award was recorded for this finding. | Upheld | — | — |
| Unfair dismissal | Basic award £2,362.50 and compensatory award £11,016.59, making a total unfair dismissal award of £13,379.09. | Upheld | — | £13,379 |
| Breach of contract | Notice pay award of £1,996.34, described as a net sum and including a 10% uplift. | Upheld | — | £1,996 |
| Unlawful deduction from wages | Award of £8,686.93 for unlawful deductions from wages during employment, described as a gross sum and including a 10% uplift. | Upheld | — | £8,687 |
| Holiday pay | Holiday pay award of £2,218.15, described as a gross sum and including a 10% uplift. | Upheld | — | £2,218 |
Remedy
Monetary award- Total award
- £26,281
- across all upheld claims
- Basic award
- £2,363
- statutory, unfair dismissal
- Compensatory award
- £11,017
- compensatory remedy recorded
Legal tests applied
2 references- ACAS uplift of 10%
- Polkey and/or just and equitable reduction of 50%
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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