Case 6019232/2024 · Employment Tribunal
Mrs C Weller v Chigwell Homes Limited — 2025
- Case reference
- 6019232/2024
- Decision date
- 31 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bann REPRESENTATION
Parties
2 namedClaimant
Mrs C Weller
Respondent
Key findings
Tribunal's reasoningEmployment Judge Bann, sitting at East London Hearing Centre by CVP on 30-31 July 2025, found in the claimant's favour on each of her complaints against Chigwell Homes Limited. The breach of contract complaint in respect of notice pay was well-founded and the respondent was ordered to pay £2,661.12, calculated on gross pay to reflect the likely tax treatment as Post Employment Notice Pay. The holiday pay complaint was also well-founded, with the respondent in breach of contract for failing to pay holiday accrued but not taken at termination; £377.52 was awarded as the net value due.
Under section 163 of the Employment Rights Act 1996 the claimant was determined to be entitled to a statutory redundancy payment of £3,991.68. The complaint of unfair dismissal was well-founded, but the Tribunal found there was a 100% chance the claimant would have been fairly dismissed in any event because of the closure of the care home. The Employment Protection (Recoupment of Benefits) Regulations 1996 were recorded as not applying.
The Tribunal also found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and considered it just and equitable to increase the wrongful dismissal award by 15% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992, equating to £399.17.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay complaint well-founded; damages calculated on gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £2,661 |
| Holiday pay | Holiday pay complaint well-founded; respondent in breach of contract for failing to pay accrued but untaken holiday on termination. Awarded as net value. Pleaded under breach of contract framework in the judgment. | Upheld | — | £378 |
| Redundancy | Entitlement to a statutory redundancy payment determined under s.163 Employment Rights Act 1996. | Upheld | — | £3,992 |
| Unfair dismissal | Complaint of unfair dismissal well-founded. Tribunal found a 100% chance the claimant would have been fairly dismissed in any event due to the closure of the care home (Polkey reduction). The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. No separate compensatory or basic award figure is set out for unfair dismissal in the visible text. | Upheld | — | — |
Legal tests applied
4 references- s.163 Employment Rights Act 1996
- Employment Protection (Recoupment of Benefits) Regulations 1996
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
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.
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