Claimant v QH Property Company Ltd
Outcome
Individual claims
The tribunal found that the respondent had unlawfully withheld wages totalling £7,924 (566 hours at £14 per hour) minus a £5,000 wage advance already paid. The respondent failed to present a response to defend the claim and the judge issued judgment on the available material under Rule 22.
The respondent failed to pay the claimant's accrued holiday entitlement. The tribunal calculated the entitlement as 42 hours per week multiplied by 5.6 weeks statutory holiday at £14 per hour. The respondent did not contest the claim having failed to respond.
The respondent failed to provide the claimant with a statement of initial employment particulars and written pay statements as required by law. The tribunal awarded compensation under section 38 of the Employment Act 2002, finding no circumstances that would make it just and equitable to award the higher amount available.
Facts
The claimant worked for the respondent property company at £14 per hour working 42 hours per week. The respondent failed to pay 566 hours of wages (though had advanced £5,000), failed to pay accrued holiday pay, and failed to provide statutory employment particulars or pay statements. The respondent did not present any response to the claim.
Decision
The Employment Judge issued a default judgment under Rule 22 awarding the claimant £2,924 in unpaid wages, £3,292.80 in holiday pay, and £588 for failure to provide employment particulars, totalling £6,804.80 gross. The respondent's failure to respond meant the claims succeeded on the available material.
Practical note
Where a respondent fails to defend a claim, tribunals will issue default judgments under Rule 22 based on the claimant's evidence, resulting in awards for unpaid wages, holiday pay and statutory failures.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8002072/2025
- Decision date
- 8 October 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- real estate
- Represented
- No
Employment details
Claimant representation
- Represented
- No