Cases1800306/2025

Claimant v Certa Precision Engineering Limited

18 August 2025Before Employment Judge SinghLeedson papers

Outcome

Default judgment

Individual claims

Unfair Dismissalsucceeded

The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim on papers and found the unfair dismissal claim well-founded in the absence of a defence.

Wrongful Dismissalsucceeded

The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim on papers and found the wrongful dismissal claim for notice pay well-founded in the absence of a defence.

Redundancy Paysucceeded

The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim on papers and found the claim for statutory redundancy payment well-founded in the absence of a defence.

Holiday Paysucceeded

The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim on papers and found the claim for failure to pay holiday pay well-founded in the absence of a defence.

Breach of Contractsucceeded

The respondent failed to provide a written statement of terms and conditions contrary to Section 1 of the Employment Rights Act 1996. Under Rule 21, the tribunal found this claim well-founded in the absence of a defence.

Facts

L Barnes brought claims against Certa Precision Engineering Limited for unfair dismissal, wrongful dismissal (notice pay), failure to pay statutory redundancy payment, failure to pay holiday pay, and failure to provide written statement of terms and conditions. The respondent failed to present a valid response on time, and the claim was filed on 09 January 2025 in the Leeds Employment Tribunal.

Decision

The Employment Judge determined all claims in favour of the claimant under Rule 21 and Rule 22 of the Employment Tribunals Rules of Procedure, as the respondent had failed to present a valid response on time. All five claims were found well-founded and succeeded. Compensation will be determined at a separate Remedy Hearing.

Practical note

When a respondent fails to file a valid ET3 response on time, tribunals may issue default judgments under Rule 21, finding all claims well-founded with remedy to be determined at a separate hearing.

Legal authorities cited

Statutes

Employment Rights Act 1996 s.1Employment Tribunals Rules of Procedure Rule 21Employment Tribunals Rules of Procedure Rule 22

Case details

Case number
1800306/2025
Decision date
18 August 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
No