Cases6005660/2025

Claimant v Bright Start Day Nursery Ltd

13 June 2025Before Employment Judge M AspinallLondon Southremote video

Outcome

Partly successful£519

Individual claims

Unlawful Deduction from Wagesfailed

The claim was dismissed as it was out of time and the tribunal found it to be without merit. The claimant failed to bring her claim within the statutory time limit for deduction from wages claims.

Unfair Dismissalfailed

The claim was dismissed because the claimant lacked the requisite qualifying period of service. Under UK law, employees generally need two years' continuous service to bring an unfair dismissal claim, which the claimant did not have.

Wrongful Dismissalsucceeded

The tribunal found that the respondent failed to pay the claimant her contractual notice pay. The claimant was entitled to one week's notice which was not paid, constituting a breach of contract.

Otherfailed

The claimant sought additional compensation for financial hardship and emotional distress. The tribunal dismissed these claims as such remedies are not available in the employment tribunal for claims limited to unpaid wages and notice pay.

Facts

Saloni Desai worked for Bright Start Day Nursery Ltd but had insufficient service for an unfair dismissal claim. She brought claims for unlawful deduction from wages, unfair dismissal, wrongful dismissal, and sought additional compensation for financial hardship and emotional distress. The claimant was entitled to one week's notice pay of £519.23 gross which had not been paid.

Decision

The tribunal dismissed the unfair dismissal claim due to insufficient qualifying service and the unlawful deduction claim as out of time and without merit. The breach of contract claim succeeded with an award of one week's notice pay. Additional claims for financial hardship and emotional distress were dismissed as such remedies are not available for these types of claims.

Practical note

Even where a claimant lacks qualifying service for unfair dismissal, breach of contract claims for unpaid notice remain available, but additional remedies for distress or hardship are not recoverable in employment tribunals for pure contractual wage claims.

Award breakdown

Notice pay£519

Legal authorities cited

Case details

Case number
6005660/2025
Decision date
13 June 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Employment details

Claimant representation

Represented
No