Cases3301813/2025

Claimant v El Cerdo Ltd (in voluntary liquidation)

12 December 2025Before Employment Judge Shastri-HurstWatfordon papers

Outcome

Default judgment£17,058

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. Under rule 21, the tribunal determined that the respondent made unauthorised deductions from the claimant's wages totalling £4,737.78 gross.

Breach of Contractsucceeded

The respondent failed to present a valid response on time. The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded damages of £11,250 gross.

Holiday Paysucceeded

The respondent failed to present a valid response on time. The tribunal determined the respondent failed to pay the claimant's holiday entitlement and ordered payment of £1,070 gross.

Facts

Mr Urrutiabeascoa brought claims against his former employer, El Cerdo Ltd, which is in voluntary liquidation. The respondent failed to present a valid response to the claims within the required timeframe. The claims related to unauthorised deductions from wages, failure to pay notice, and unpaid holiday entitlement.

Decision

The tribunal made a default judgment under rule 21 in favour of the claimant. The respondent was ordered to pay £4,737.78 for unauthorised wage deductions, £11,250 for breach of contract regarding notice, and £1,070 for unpaid holiday, totalling £17,057.78 gross.

Practical note

When a respondent in liquidation fails to respond, tribunals will make rule 21 default judgments on the papers, though recovery from insolvent companies remains challenging for claimants.

Award breakdown

Notice pay£11,250
Holiday pay£1,070
Unpaid wages£4,738

Legal authorities cited

Case details

Case number
3301813/2025
Decision date
12 December 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No