Claimant v Intesa (Leicester) Ltd
Outcome
Individual claims
The tribunal found that the respondent made unlawful deductions from the claimant's wages for the period 11 November to 2 December 2024 in breach of section 13 Employment Rights Act 1996. The respondent did not attend to contest the claim.
The tribunal found that the respondent failed to pay the claimant her accrued annual leave entitlement contrary to Regulation 16 Working Time Regulations 1998. The respondent did not attend to contest the claim.
The tribunal found that the respondent wrongfully dismissed the claimant by failing to pay her notice pay. The respondent did not attend to defend the claim.
The tribunal found that the respondent was in breach of its duty under section 1 Employment Rights Act 1996 to provide a written statement of employment particulars at the time proceedings began, and awarded the higher s.38 uplift.
Facts
Ms Mason brought claims against her former employer Intesa (Leicester) Ltd for unpaid wages for the period 11 November to 2 December 2024, unpaid holiday pay, unpaid notice pay, and failure to provide written employment particulars. The respondent failed to attend the hearing to contest the claims.
Decision
The tribunal upheld all of Ms Mason's claims. The respondent was ordered to pay £817.96 in unpaid wages, £246.19 in holiday pay, £397.19 in notice pay, and a higher s.38 uplift of £1830.40 for failing to provide a written statement of particulars, totalling £3291.74.
Practical note
When a respondent fails to attend a hearing, a claimant appearing in person can successfully obtain a default judgment for contractual and statutory wage claims, with significant additional awards for failure to provide written particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010865/2025
- Decision date
- 17 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No