Claimant v Bright Start Day Nursery Ltd
Outcome
Individual claims
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.
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.
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.
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
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