Cases6015558/2025

Claimant v Mr Carl Sebastian Eskuchen-Kahler

15 October 2025Before Employment Judge Barkeron papers

Outcome

Default judgment£59,326

Individual claims

Wrongful Dismissalsucceeded

The claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a response and the tribunal made a default judgment under rule 22, awarding damages based on 1 month's notice.

Automatic Unfair Dismissalsucceeded

The claimant was automatically unfairly dismissed by reason of his complaint about unlawful deductions from wages. The tribunal awarded 6 months' net loss of earnings reduced by mitigation earnings.

Unlawful Deduction from Wagessucceeded

The claimant was paid no wages by the respondent during his employment. The tribunal awarded the full amount of unpaid wages claimed.

Holiday Paysucceeded

The claimant was paid no holiday pay and his accrued holiday pay was unpaid at termination. The tribunal awarded 2.83 weeks of accrued but unpaid holiday pay.

Breach of Contractsucceeded

The respondent failed to provide written particulars of employment as required by law. The tribunal awarded 2 weeks' pay under section 38 of the Employment Act 2002.

Facts

The claimant was employed by the respondent individual but was paid no wages during his employment. He complained about unlawful deductions from wages and was subsequently dismissed. The respondent also failed to provide written particulars of employment or pay holiday pay. The respondent failed to present a response to the tribunal claim filed on 30 April 2025.

Decision

The tribunal made a default judgment under rule 22 in favour of the claimant, awarding damages for breach of contract (notice pay), automatic unfair dismissal compensation reduced by mitigation, full unpaid wages, accrued holiday pay, and an award for failure to provide written particulars. The total award was £59,326.20.

Practical note

Employers who fail to pay any wages and dismiss employees who complain about this face automatic unfair dismissal claims and substantial awards, particularly when they fail to defend the claim.

Award breakdown

Compensatory award£17,860
Notice pay£5,230
Holiday pay£3,416
Unpaid wages£31,382
Interest£1

Legal authorities cited

Statutes

Employment Act 2002 s38Employment Tribunal Rules of Procedure 2024 rule 22Judgments Act 1838 s17

Case details

Case number
6015558/2025
Decision date
15 October 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No