Claimant v CleanTask Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
The tribunal found the respondent made unauthorised deductions from the claimant's wages. The respondent failed to present a valid response on time and judgment was made under rule 21.
The claimant was dismissed in breach of contract in respect of notice. The tribunal calculated one week's notice at 40 hours at £15 per hour. The respondent failed to present a valid response on time.
The respondent failed to pay the claimant's accrued holiday entitlement of 7 days. The tribunal calculated this at £840 gross. The respondent failed to present a valid response on time.
Facts
The claimant was employed by CleanTask Ltd for less than two years. He was dismissed without proper notice and without receiving payment for accrued holiday or full wages owed. The claimant was paid £15 per hour working 40 hours per week. The respondent failed to present a valid response to the tribunal claim filed on 27 May 2025.
Decision
The tribunal struck out the unfair dismissal claim due to insufficient qualifying service under s.108 ERA 1996. However, under rule 21, the tribunal awarded the claimant £3,435.04 for unauthorised wage deductions (£1,995.04), breach of contract/notice pay (£600), and unpaid holiday pay (£840).
Practical note
Even where an unfair dismissal claim is struck out for lack of qualifying service, an unrepresented claimant can succeed on contractual and statutory payment claims through a rule 21 default judgment where the employer fails to respond.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6019602/2025
- Decision date
- 23 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- CleanTask Ltd
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No