Claimant v The Sure FX Group Limited
Outcome
Individual claims
The claimant was not paid wages of £2779.69 for the period for which he worked. The respondent failed to respond to the claim. Under section 13 ERA 1996, a worker has the right not to suffer deduction of wages, and the claim was brought within the required time limit under section 23 ERA.
The claimant was not entitled to a redundancy payment as he did not have 2 complete years' service as required by section 155 ERA 1996. On his own case, he was only employed from 21 October 2024 to 28 November 2024, approximately one month of service.
Facts
The claimant worked as an outbound call agent for the respondent from 21 October 2024 to 28 November 2024, when he was made redundant. He was paid £2209.50 net per month but was never paid for the entire period of his employment. He brought claims for unpaid wages of £2779.69 and a redundancy payment after ACAS early conciliation. The respondent did not submit a response to the claim.
Decision
The tribunal issued a Rule 21 default judgment as the respondent failed to respond. The unpaid wages claim succeeded in full for £2779.69 as the claimant was entitled to payment for work done. The redundancy payment claim failed because the claimant did not have the two complete years' service required by statute, having worked for only approximately one month.
Practical note
Default judgments under Rule 21 require tribunals to determine claims on available material only, and employees must complete two full years of service to qualify for statutory redundancy payments regardless of the reason for dismissal.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010992/2025
- Decision date
- 8 September 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- financial services
- Represented
- No
Employment details
- Role
- outbound call agent
- Service
- 1 months
Claimant representation
- Represented
- No