Case 3334959/2018 · Employment Tribunal
Ms Osborne First v Le Putt Ltd (in liquidation) Second Respondent: Elite Golfing Ltd (in liquidation) — 2020
- Case reference
- 3334959/2018
- Decision date
- 10 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Daniels
- Venue
- Watford
Parties
2 namedClaimant
Ms Osborne First
Key findings
Tribunal's reasoningThe claimant, Ms Osborne First, was employed from 9 March 2015. The business transferred to Elite Golfing Ltd on 1 March 2017 and then to Le Putt Ltd on or about 31 July 2018. She began maternity leave on 19 April 2018 and her baby was born on 10 May 2018. By letter dated 31 July 2018 she was dismissed while on maternity leave. The tribunal recorded that both respondents were insolvent.
The tribunal found that the claims for unpaid arrears of pay for June 2018, unpaid statutory maternity pay, unpaid notice pay/statutory minimum notice, and statutory redundancy pay were well founded. It awarded £275.96 for arrears of pay, £5,333.92 for unpaid statutory maternity pay, £1,307.15 for one month’s notice pay, of which £904.95 was identified as the statutory minimum notice element, and £965.22 for statutory redundancy pay.
The claims under s.1 ERA 1996 for terms and conditions, under TUPE Reg 13 for failure to inform and consult, and for unfair dismissal and direct/sex discrimination were dismissed. The tribunal said the s.1 and TUPE claims were not proved, with the TUPE claim failing for insufficient evidence, and that the unfair dismissal and discrimination claims were not proved for insufficient evidence. It also stated that the Recoupment Regulations did not apply and noted the claimant’s intention to seek any sums payable from the National Insurance Fund as applicable in insolvency.
Claims and outcomes
8 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Awarded as unpaid arrears of pay for June 2018. | Upheld | — | £276 |
| Other | Claim for unpaid statutory maternity pay; the remedy was split into 2 weeks at £271.49 (£542.98) and 33 weeks at £145.18 (£4,790.94). | Upheld | — | £5,334 |
| Wrongful dismissal | Claim for unpaid notice pay and statutory minimum notice; the tribunal found one month's notice was due and no notice was given. | Upheld | — | £1,307 |
| Redundancy | Statutory redundancy pay awarded; the tribunal said the dismissal was for a reason relating to redundancy in law. | Upheld | — | £965 |
| Other | Claim under s.1 ERA 1996 for failure to provide terms and conditions was not proved. | Dismissed | — | — |
| Transfer of undertakings (TUPE) | Claim for failure to inform and consult under TUPE Reg 13 was dismissed for insufficient evidence. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £7,882
- 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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