Claimant v Patrick O'Donnell
Outcome
Individual claims
The tribunal found that the third respondent made unauthorised deductions from the claimant's wages during the period from 1 April 2024 to 28 October 2024, and ordered payment of the gross sum deducted.
The tribunal found that the third respondent failed to pay the claimant for annual leave accrued but untaken on termination, calculating 14 days of untaken leave (18 days accrued less 4 public holidays taken) at the claimant's daily rate.
The claim was dismissed because the claimant lacked the necessary qualifying service of two years to bring an unfair dismissal claim.
The claim was dismissed because the claimant lacked the necessary qualifying service of two years to claim a statutory redundancy payment.
Facts
Miss Baker brought claims against three respondents including her employer, Warwick Square Developments Limited. She was employed until 28 October 2024. The respondents did not attend or participate in the hearing. The claimant alleged unauthorised deductions from wages between 1 April 2024 and 28 October 2024, and failure to pay accrued holiday pay on termination. She also brought claims for unfair dismissal and redundancy payment.
Decision
The tribunal found in the claimant's favour on the wage deduction and holiday pay claims against the third respondent, awarding £10,669.35 in unpaid wages and £872.20 for untaken holiday (14 days at £62.30 per day). The unfair dismissal and redundancy claims were dismissed due to insufficient qualifying service, and claims against the first and second respondents were dismissed.
Practical note
Undefended default judgment cases still require claimants to prove their claims, but lack of qualifying service remains a complete bar to unfair dismissal and statutory redundancy claims regardless of the merits.
Award breakdown
Case details
- Case number
- 2302761/2025
- Decision date
- 8 December 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No