Claimant v Selina Management Company UK Limited
Outcome
Individual claims
The Respondent did not file an ET3 and did not appear at the hearing. The tribunal was satisfied that the Respondent had not shown it had a fair reason for dismissal. The claim therefore succeeded under Rule 21.
The Respondent had not shown that the Claimant was in repudiatory breach of contract which might have entitled it to dismiss without notice. The Claimant was contractually entitled to three months' notice and did not receive any notice or payment in lieu.
The Claimant had carried over holiday from previous years due to COVID and went off sick before taking it. His last payslip showed payment only for days accrued in 2024, not prior accrual. He was owed 67.4 days of outstanding holiday pay.
The Claimant submitted an expenses claim for £333.44 which remained outstanding. The tribunal was satisfied the Claimant had properly evidenced his entitlement to this amount.
Facts
The Claimant was employed as Country Finance Director from July 2019 to May 2024 on an annual salary of £80,000. In August 2023 his personal laptop was stolen leading to a theft from the Respondent's German bank account. The Respondent launched disciplinary proceedings and dismissed the Claimant on 31 May 2024. The Claimant went off sick in October 2023 and did not return to work. The Respondent did not file an ET3 or appear at the hearing.
Decision
The tribunal proceeded in the Respondent's absence under Rule 21. All claims succeeded: unfair dismissal (the Respondent had not shown a fair reason), notice pay (no repudiatory breach shown), holiday pay (67.4 days outstanding from carryover), and expenses (£333.44). Total award of £77,444.49 with grossing up provisions applied.
Practical note
In Rule 21 default judgment cases, tribunals will still scrutinise the claimant's evidence and calculations, but the burden remains on the absent respondent to prove fair dismissal, repudiatory breach, or failure to mitigate.
Award breakdown
Award equivalent: 50.3 weeks' gross pay
Case details
- Case number
- 2225464/2024
- Decision date
- 3 October 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Country Finance Director
- Salary band
- £80,000–£100,000
- Service
- 5 years
Claimant representation
- Represented
- No