Cases6019561/2025

Claimant v BUKCS Ltd

17 September 2025Before Employment Judge S EdwardsLeedsremote video

Outcome

Partly successful£17,410

Individual claims

Unfair Dismissalfailed

The tribunal found the complaint of unfair dismissal was not well-founded and dismissed it. This was a Rule 21 default judgment where the respondents failed to file a response.

Unlawful Deduction from Wagessucceeded

The tribunal found the first respondent made unauthorised deductions from the claimant's wages during the period 1st April 2024 to 3rd February 2025, awarding the gross sum deducted of £13,629.84.

Holiday Paysucceeded

The tribunal found the first respondent failed to pay the claimant in accordance with regulation 14(2) and 16(1) of the Working Time Regulations 1998, awarding £3,779.78 in holiday pay.

Facts

The claimant brought claims against three respondents for unfair dismissal, unauthorised deductions from wages, and holiday pay. The claimant was employed until 3rd February 2025 and alleged unpaid wages for the period 1st April 2024 to 3rd February 2025. All three respondents failed to file responses to the claims, resulting in a Rule 21 default judgment hearing.

Decision

The tribunal dismissed the claims against the second and third respondents and the unfair dismissal claim. However, the tribunal found in favour of the claimant on the wages and holiday pay claims against the first respondent, awarding a total of £17,409.62 comprising £13,629.84 for unauthorised deductions and £3,779.78 for unpaid holiday pay.

Practical note

Even in default judgment proceedings under Rule 21, tribunals will still assess whether claims are well-founded, and may dismiss claims (such as unfair dismissal) even when the respondent fails to defend.

Award breakdown

Holiday pay£3,780
Unpaid wages£13,630

Legal authorities cited

Statutes

Working Time Regulations 1998 reg 14(2)Working Time Regulations 1998 reg 16(1)Employment Tribunal Procedure Rules 2024 rule 22

Case details

Case number
6019561/2025
Decision date
17 September 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No