Cases6008888/2025

Claimant v Greater Manchester Sports Clubs Limited

16 September 2025Before Employment Judge KM RossManchesteron papers

Outcome

Default judgment£8,957

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time under Rule 22. The tribunal found the respondent made unauthorised deductions from wages totalling £7,207.08 comprising unpaid December 2024 wages (£2,333.33), unpaid commission on the claimant's own sales (£3,045.00), and unpaid commission on the claimant's team sales (£1,828.75).

Breach of Contractsucceeded

The respondent failed to present a valid response on time under Rule 22. The tribunal found the claimant was dismissed without proper notice and awarded one week's statutory notice pay of £538.46 gross, calculated to reflect post-employment notice pay tax treatment.

Holiday Paysucceeded

The respondent failed to present a valid response on time under Rule 22. The tribunal found the respondent failed to pay accrued but untaken holiday entitlement and ordered payment of £1,211.54 representing the unpaid holiday pay owed to the claimant.

Facts

The claimant Mr Whybrow was employed by Greater Manchester Sports Clubs Limited in a sales role involving commission on both personal and team sales. His employment ended in December 2024. The respondent failed to pay his December 2024 wages, commission payments totalling £4,873.75, statutory notice pay, and accrued but untaken holiday pay. The respondent failed to present a valid response to the claim within the prescribed time limit.

Decision

The tribunal determined the claim under Rule 22 as the respondent failed to present a valid response on time. The tribunal awarded the claimant £8,957.08 in total comprising unpaid wages, commission, notice pay and holiday pay. Interest would accrue at 8% per annum if not paid within 14 days.

Practical note

Default judgments under Rule 22 can result in substantial awards where respondents fail to engage with tribunal proceedings, particularly where there are multiple wage-related claims including commission payments.

Award breakdown

Notice pay£538
Holiday pay£1,212
Arrears of pay£2,333
Unpaid wages£4,874

Award equivalent: 16.6 weeks' gross pay

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Rule 22Employment Rights Act 1996

Case details

Case number
6008888/2025
Decision date
16 September 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
hospitality
Represented
No

Employment details

Salary band
£25,000–£30,000

Claimant representation

Represented
No