Case 3327967/2017 · Employment Tribunal
Claimant v The Estate of Mrs Pamela Jenkins (deceased) T/a Kincare and Apex Prime Care Ltd — 2019
- Case reference
- 3327967/2017
- Decision date
- 21 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Vowles Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe tribunal recorded that the first respondent's death on 26 April 2017 terminated the employment of each claimant and therefore constituted redundancy pursuant to section 136(5) of the Employment Rights Act 1996. It also found that there was no transfer of employment to Apex Prime Care Ltd under the Transfer of Undertakings (Protection of Employment) Regulations 2006. Parts of the ET3 dealing with transfer were withdrawn, and the hearing listed for 28 and 29 October 2019 was vacated.
The first respondent admitted liability for unpaid wages, holiday pay and statutory redundancy pay, and the financial claims were then set out by claimant. Mary Wilson received £2,474.22 for unpaid wages, £81.86 for one day of accrued but untaken holiday, and £2,189.34 for statutory redundancy pay. Alison Maccabee received £4,171.24 for unpaid wages, £350.94 for 4.8 days of holiday, and £10,908 for statutory redundancy pay.
Jennifer Cross received £1,255.38 for unpaid wages, nil holiday pay, and £3,206.25 for statutory redundancy pay. Sharron Amos received £1,370.95 for unpaid wages and £184.67 for holiday pay, with no redundancy payment because she had not completed the requisite two years' qualifying service. Roxanne Godfrey received £1,343.04 for unpaid wages and £68.44 for holiday pay, with no redundancy payment for the same reason. The notice pay claims by the second to fifth claimants were dismissed, the parties were ordered to bear their own costs, and the total ordered sum was £27,604.33.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unpaid wages were admitted/agreed. The tribunal ordered awards to all five claimants: £2,474.22, £4,171.24, £1,255.38, £1,370.95 and £1,343.04. | Upheld | — | £10,615 |
| Holiday pay | Accrued but untaken holiday pay was admitted/agreed. Awards were made to C1, C2, C4 and C5, while C3 received nil; the individual sums were £81.86, £350.94, £0, £184.67 and £68.44. | Upheld | — | £686 |
| Redundancy | The tribunal held that the death of the first respondent on 26 April 2017 terminated each claimant's employment and constituted redundancy under section 136(5) of the Employment Rights Act 1996. Statutory redundancy payments were awarded to C1 (£2,189.34), C2 (£10,908) and C3 (£3,206.25); C4 and C5 had nil awards for want of the requisite two years' qualifying service. | Upheld | — | £16,304 |
| Breach of contract | The notice pay claims by the second to fifth claimants were dismissed. The first claimant made no notice pay claim. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £27,604
- across all upheld claims
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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