Claimant v Barkers (Cambridge) Ltd
Outcome
Individual claims
The respondent failed to present a valid response on time. Under rule 21, the tribunal determined the claim on the papers and found in favour of the claimant for unpaid wages totalling £11,913.84.
The claim for breach of contract was dismissed on the basis that the claimant's employment has not been terminated, meaning no breach of contract claim can proceed in the tribunal.
The claim for holiday pay was dismissed on the basis that the claimant's employment has not been terminated, and therefore no accrued holiday pay is yet due.
The tribunal awarded unpaid pension contributions of £1,154.40 as the respondent failed to make required pension contributions during the employment, determined under rule 21 after respondent's failure to defend.
Facts
The claimant brought claims for unpaid wages, unpaid pension contributions, holiday pay and breach of contract against their employer. The respondent failed to present a valid ET3 response within the time limit. The claimant remained employed at the time of the judgment.
Decision
The tribunal issued a rule 21 default judgment on the papers. The claimant succeeded in claims for unpaid wages (£11,913.84) and unpaid pension contributions (£1,154.40), totalling £13,068.24. Claims for holiday pay and breach of contract were dismissed as the employment had not terminated.
Practical note
Rule 21 default judgments can succeed on unlawful deduction of wages claims even where employment continues, but breach of contract and holiday pay claims require termination of employment to be justiciable in the employment tribunal.
Award breakdown
Legal authorities cited
Case details
- Case number
- 6015148/2025
- Decision date
- 29 December 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No