Decision date
13 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Moor
Case Summary
Ms Luican claimed unfair dismissal, unlawful deduction of wages, holiday pay, and breach of contract against Green Man Medical Centre. The tribunal dismissed the unfair dismissal claim due to lack of two years' service, dismissed the wage deduction and holiday pay claims upon withdrawal, and rejected the breach of contract claim. The tribunal declared a breach of the statutory duty to provide an itemised pay statement.
Why this outcome?
No qualifying employment periodThe unfair dismissal claim was dismissed because the claimant had not completed two years of employment, which is a statutory requirement for ordinary unfair dismissal claims. The breach of contract claim failed on its merits as the respondent was not contractually obliged to provide a performance review and did provide correct contractual notice.
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Key Issues
- •whether claimant had two years' service for ordinary unfair dismissal
- •unlawful deduction of wages
- •accrued but untaken holiday pay
- •breach of contract regarding performance review requirement
- •failure to provide itemised pay statement within statutory timeframe
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Ms E Luican Respondent: Green Man Medical Centre Heard at: London East Hearing Centre (in public by video) On: 13 May 2026 Before: Employment Judge Moor Representation For the Claimant: in person For the Respondent: Mr R Pal, litigation consultant JUDGMENT 1. The complaint of ordinary unfair dismissal is dismissed because the Claimant had not been employed by the Respondent for two years. 2. The complaint of unlawful deduction of wages is dismissed upon withdrawal (the shortfall in wages having been now paid). 3. The claim for accrued but untaken holiday pay is dismissed upon withdrawal. 4. The claim for breach of contract does not succeed: it was not a breach of clause 2.2 of the contract for the Respondent not to provide a performance review before terminating her contract and it gave her the correct contractual notice of termination. 5. I declare, under section 12 of the Employment Rights Act 1996, that the Respondent did not provide the Claimant with an itemised pay statement in accordance with her right under section 8 to receive one because that statement should have been given to her by 31 January 2025 and was only provided on 19 March 2025. Employment Judge Moor Dated: 13 May 2026 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Recording an…
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Case Details
- Claimant
- Ms E Luican
- Case No.
- 6006943/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 13 May 2026
- Published
- 12 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Moor
- Representation
- Litigant in person