Cases3311175/2024

Claimant v Coronet Flowers Ltd

24 September 2025Before Employment Judge McCooeyWatfordremote video

Outcome

Default judgment£20,280

Individual claims

Unfair Dismissalsucceeded

The respondent failed to present a valid response on time. Under Rule 22, a determination can be made without the respondent's participation. The tribunal found the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Unlawful Deduction from Wagessucceeded

The respondent made an unauthorised deduction from the claimant's wages in the period 1 to 11 June 2024. The tribunal ordered payment of £836.62 gross, representing the sum improperly deducted.

Holiday Paysucceeded

The respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claimant accrued 41.5 hours of holiday entitlement during the relevant period and had already been paid £345, leaving £133.69 owed.

Breach of Contractwithdrawn

Withdrawn by claimant.

Facts

Miss Gray was employed by Coronet Flowers Ltd until her employment ended on 11 June 2024. She was owed wages for the period 1-11 June 2024, had not been paid for accrued holiday, and had not been provided with a written statement of employment particulars. She filed a claim on 21 October 2024. The respondent failed to present a valid response on time and did not attend the hearing.

Decision

The tribunal made a Rule 22 default judgment in favour of the claimant, finding her unfairly dismissed. Awards were made for basic and compensatory awards (with 20% ACAS uplift), loss of statutory rights, unpaid wages, holiday pay, and a penalty for failure to provide written particulars. The total award was £20,279.67. The breach of contract claim for notice pay was withdrawn.

Practical note

When a respondent fails to engage with tribunal proceedings, Rule 22 allows a default judgment to be entered, and failure to follow the ACAS Code can result in a 20% uplift to the compensatory award.

Award breakdown

Basic award£9,488
Compensatory award£8,097
Holiday pay£134
Unpaid wages£837
Loss of statutory rights£500

Award equivalent: 47.0 weeks' gross pay

Adjustments

ACAS uplift+20%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. Uplift of 20% applied to compensatory award, amounting to £1,349.48.

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.207AEmployment Act 2002 s.38Employment Tribunals Procedure Rules 2024 Rule 22

Case details

Case number
3311175/2024
Decision date
24 September 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
retail
Represented
No

Employment details

Salary band
£20,000–£25,000

Claimant representation

Represented
Yes
Rep type
barrister