A - Mat Healthcare Ltd
Decision Overview
Case Summary
The claimant, a healthcare assistant employed by A-Mat Healthcare Ltd, brought claims for unfair dismissal, unlawful deductions from wages, and breach of contract regarding unpaid Certificate of Sponsorship fees, holiday pay, and wages. The tribunal found the respondent admitted owing £1,820 for the CoS fee, breached its duty to provide compliant employment particulars, breached contract regarding holiday pay accrued but not taken, failed to pay correct wages between May-September 2022, and unlawfully deducted wages October 2023-November 2024. The claimant was found to have been unfairly dismissed with zero chance of fair dismissal in any event.
Why this outcome?
Claim not well-foundedThe respondent admitted to the £1,820 breach regarding Certificate of Sponsorship fees. The respondent breached its statutory duty under s.1 ERA 1996 to provide a compliant written statement of employment particulars, which did not contain information about intervals of pay, pension, notice, or disciplinary procedures. The claimant was entitled to payment for accrued but untaken holiday as the respondent failed to discharge its burden of proof that the claimant had been prevented from or had waived his entitlements. The respondent failed to pay the correct contractual wages during May-September 2022 and made unlawful deductions between October 2023-November 2024. The claimant was unfairly dismissed because the dismissal was with 60 days notice rather than summary and the tribunal found there was zero prospect of fair dismissal in any event.
Compensation
Estimated total
£1,820
Extracted from the judgment text and may not capture every award component precisely.
Key Issues
- •Breach of contract for Certificate of Sponsorship fee (£1820)
- •Breach of duty to provide compliant written statement of employment particulars
- •Holiday pay claim under Working Time Regulations
- •Breach of contract for incorrect wages May-September 2022
- •Unlawful deductions from wages October 2023-November 2024
- •Unfair dismissal
Cited Laws and Legal Issues
As the claim was presented on 20 January 2025 any claim for wages under s13 ERA 1996 would be limited to go back as far as 20 January 2023 by reason of s23 (4A) ERA 1996.
S111 Employment Rights Act 1996 provides:
The claimant, a healthcare assistant employed by A-Mat Healthcare Ltd, brought claims for unfair dismissal, unlawful deductions from wages, and breach of contract regarding unpaid Certificate of Sponsorship fees, holiday pay, and wages.
air dismissal, unlawful deductions from wages, and breach of contract regarding unpaid Certificate of Sponsorship fees, holiday pay, and wages.
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Mr Tapiwa Tatenda Kelvin Chabuka Respondent: A-Mat Healthcare Ltd Heard at: By video On: 29, 30, 31 October 2025 Before: Employment Judge S Moore Representation Claimant: In person Respondent: Mr Adamou, Counsel RESERVED JUDGMENT 1. The respondent had admitted they were in breach of contract in failing to recompense the claimant for expense of the certificate of sponsorship fee. The respondent is ordered to pay the claimant the sum of £1820.00. 2. When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a compliant written statement of employment particulars. 3. The complaint in respect of holiday pay is well-founded. The respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. 4. The respondent was in breach of contract by failing to pay the claimant the correct wages between May 2022 – September 2022. 5. The claimant’s claim for unauthorised deductions from wages is well founded in respect of the period October 2023 – November 2024. 6. The claimant’s claim for unfair dismissal is well founded. The claimant was unfairly dismissed. There is a zero chance the claimant would have been fairly dismissed in any event. 7. A remedy hearing shall be listed. REASONS Background and introduction 1. The claimant was presented on 20 March 2025. The claimant brought claims of unfair dismissal, unlawful deduction from wages or in the alternative breach of contract in respect of overtime, sleep ins and wages allowances, unpaid reimbursement of immigration skills charge and unpaid undertaken annual leave. The claimant also brought a complaint of unequal pay which was subject to separate case management and was not intended to form part of the hearing (see below). 2. An order for disclosure was made on 23 Apr...
Case Facts
- Claimant
- Mr T T K Chabuka
- Case Number
- 6009633/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision Date
- 29 December 2025
- Published
- 13 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore
- Industry
- healthcare