Claimant v Jo Jo's Day Care Nursery Limited
Outcome
Individual claims
The tribunal found the claimant was entitled to four weeks' notice pay in the amount of £640.64. The respondent failed to provide proper notice or payment in lieu, constituting wrongful dismissal.
The tribunal found multiple unauthorised deductions from the claimant's wages, including £186.52 from final salary, £45.76 for an online course, £31.46 for Christmas party attendance, and £2.86 for a quarter hour's pay. The respondent had no lawful authority to make these deductions.
The tribunal found the claimant was entitled to unpaid holiday pay for January 2025 and February 2025 in the amounts of £21.84 and £1.56 respectively, which the respondent had failed to pay.
Facts
The claimant was employed by Jo Jo's Day Care Nursery Limited. Her employment ended without proper notice. The respondent made various unauthorised deductions from her wages including deductions from her final salary, amounts for an online course taken in December 2024, and charges for attendance at a Christmas party. The respondent also failed to pay her full entitlement to holiday pay for January and February 2025, and short-changed her by a quarter hour's pay in the week of 13 January 2025. Additionally, the respondent's payslips were defective as they did not properly show the deductions being made.
Decision
The tribunal found all of the claimant's claims well-founded. The respondent wrongfully dismissed her by failing to provide four weeks' notice, made multiple unauthorised deductions from her wages totalling £263.74, and failed to pay holiday pay owed. The tribunal awarded a total of £930.64 gross and made a declaration that the respondent breached its statutory duty to provide proper payslips showing deductions.
Practical note
Employers must provide proper notice or payment in lieu, cannot make unauthorised deductions from wages (including for events like Christmas parties or training courses), and must comply with statutory payslip requirements under s.12(3) ERA 1996.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010584/2025
- Decision date
- 16 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No