Case 3333829/2018 · Employment Tribunal
Claimant v Mrs V Fowkes T/a Stonewell Cottage Day Nursery — 2019
- Case reference
- 3333829/2018
- Decision date
- 30 September 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Representation
- Venue
- Cambridge County Court
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe claimant's claim of automatic unfair dismissal contrary to section 104 of the Employment Rights Act 1996 was dismissed on withdrawal. The tribunal recorded that the claimant was engaged under a contract of apprenticeship, and that the apprenticeship was not an Authorised English Apprenticeship within the definition in the Apprenticeships, Skills, Children & Learning Act 2009 (as amended).
The tribunal found that the respondent terminated the claimant's contract before completion of the apprenticeship, which amounted to a breach of contract. It awarded damages of £4,477 for that breach and stated that the recoupment provisions did not apply.
The tribunal also found an unauthorised deduction from wages and ordered the respondent to pay £36.39 gross. It made no separate award for holiday pay under the Working Time Regulations 1998. The total monetary award recorded by the judgment is £4,513.39.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal contrary to section 104 of the Employment Rights Act 1996 was dismissed on withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The tribunal ordered payment of the gross sum of £36.39. | Upheld | — | £36 |
| Holiday pay | The tribunal made no separate award in respect of holiday pay under the Working Time Regulations 1998. | Other | — | — |
| Breach of contract | The respondent terminated the claimant's apprenticeship contract before completion; the tribunal awarded damages for breach of contract. | Upheld | — | £4,477 |
Remedy
Monetary award- Total award
- £4,513
- across all upheld claims
- Compensatory award
- £4,477
- compensatory remedy recorded
Legal tests applied
2 references- section 104 of the Employment Rights Act 1996
- Apprenticeships, Skills, Children & Learning Act 2009 (as amended)
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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