Hollytree Childcare Ltd

Case Summary

Mrs Jeruseviciene claimed unfair dismissal, discrimination arising from disability, breach of reasonable adjustments duty, notice pay, holiday pay, unlawful wage deduction, and breach of payslip obligations against her employer, a childcare nursery. The tribunal dismissed the unfair dismissal claim for lack of jurisdiction (insufficient continuous service), dismissed discrimination and reasonable adjustments claims as not well-founded, dismissed notice pay and holiday pay claims as not applicable, dismissed the payslip claim as not well-founded, but upheld the wage deduction claim and ordered the respondent to pay £97.50 for work performed on 4 June 2025.

The unfair dismissal claim was dismissed because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The discrimination and reasonable adjustments claims failed because the tribunal found the respondent either accommodated or had objective justification for refusing the claimant's requests (phased return was granted; refusal of time off was justified by legal staff-to-child ratio requirements). The notice pay and holiday pay claims failed because the claimant terminated her own employment without giving notice and had already received her full holiday entitlement. The wage deduction claim succeeded because the respondent failed to provide evidence of the alleged overpayment it claimed as justification for withholding payment for 4 June 2025.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether claimant had two years' continuous service for unfair dismissal claim
• •Whether refusal of phased return constituted discrimination arising from disability
• •Whether refusal of time off for medical treatment constituted discrimination arising from disability or breach of duty to make reasonable adjustments
• •Whether there was breach of confidentiality
• •Whether constructive dismissal occurred
• •Whether unauthorised deduction of wages was made
• •Whether notice pay was due
• •Whether holiday pay was due
• •Whether itemised pay statements were provided

ETZ4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001916/25 Final Hearing Held on 20-22 April 2026 Employment Judge O’Donnell Mrs L Jeruseviciene Claimant In Person Hollytree Childcare Limited Respondent Represented by Mr Ishaq (litigation consultant) JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is:- 1. The claim of unfair dismissal under the Employment Rights Act 1996 is dismissed for want of jurisdiction. 2. The claims of discrimination arising from disability and breach of the duty to make reasonable adjustments under the Equality Act 2010, the claim for notice pay, the claim for holiday pay and the claim for a breach of s8 of the Employment Rights Act 1996 are not well-founded and are hereby dismissed. 8001916/25 Page 2 3. The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £97.50 (Ninety seven pounds, fifty pence) subject to any deductions for tax and National Insurance. REASONS Introduction 1. The claimant has brought the following complaints against the respondent:- a. Unfair dismissal under s94 of the Employment Rights Act 1996. b. Discrimination arising from disability under s15 of the Equality Act 2010. c. Breach of the duty to make reasonable adjustments under ss20 & 21 of the Equality Act 2010. d. Notice pay. e. Holiday pay f. Unlawful deduction of wages in respect of her pay for 4 June 2025. g. A breach of s8 of the Employment Rights Act in respect of the duty to provide itemised pay statements. 2. At a case management hearing held on 7 November 2025, the claims under the Equality Act were clarified as follows: a. The detriments said to amount to discrimination arising from disability are:- i. refusal of the claimant’s request for phased return; ii. refusal of the claimant’s request for essential medical leave; iii. a failure to…