Case 3330835/2018 · Employment Tribunal
In person For the v Gemma Devine and 1 other — 2018
- Case reference
- 3330835/2018
- Decision date
- 12 April 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Henry Appearances
- Venue
- Watford
Parties
3 namedClaimant
In person For the
Respondents
Key findings
Tribunal's reasoningThe claimants brought complaints for unfair dismissal, breach of contract in respect of notice, holiday pay accrued but untaken at termination, and wages owed. The tribunal dismissed the claim against Gemma Devine because she was not a proper respondent, and held that Little Rascals Nursery Group Limited was the correct respondent. The claims of Miss K Lyons and Miss J Pearman were dismissed because they had not been actively pursued.
The tribunal found that the nursery stopped trading and closed permanently from 1 April 2018, with termination confirmed by correspondence dated 12 April 2018. The claimants had not received any payments from the respondent after 31 March 2018. Unfair dismissal complaints were dismissed where the claimants lacked two years' service, and Miss Cutler, Mrs Sanders and Miss England did not pursue unfair dismissal before the tribunal after receiving redundancy payments from the Secretary of State.
The tribunal awarded sums for unpaid wages, contractual notice or pay in lieu of notice, and, where applicable, accrued untaken annual leave. The total awards were £2,777.89 for Miss Miller, £1,138.28 for Miss Clynes, £1,936.38 for Miss Gurney, £1,604.87 for Miss Harding, £1,281.17 for Miss Cutler, £540 for Miss Collins, £1,306.38 for Miss England, and £1,032.75 for Mrs Sanders.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal complaints were dismissed because the claimants with less than two years' employment did not have the right to bring the complaint; Miss Cutler, Mrs Sanders and Miss England had received redundancy payments from the Secretary of State and did not pursue unfair dismissal before the tribunal. | Dismissed | — | — |
| Unlawful deduction from wages | Awards for wages owed for the period from 1 April to 12 April 2018 were made for Miss Miller, Miss Clynes, Miss Gurney, Miss Harding, Miss Cutler, Miss England and Mrs Sanders. | Upheld | — | £2,770 |
| Breach of contract | Awards were made for contractual notice or pay in lieu of notice for Miss Miller, Miss Clynes, Miss Gurney, Miss Harding, Miss Cutler, Miss Collins, Miss England and Mrs Sanders. | Upheld | — | £7,918 |
| Holiday pay | Awards for accrued but untaken annual leave were made for Miss Miller, Miss Gurney and Mrs Sanders. | Upheld | — | £929 |
| Other | The claims of Miss K Lyons and Miss J Pearman were dismissed for not having been actively pursued. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £11,618
- 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
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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