Cases1800307/2025

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 of the Employment Tribunals Rules of Procedure, the Employment Judge determined the claim without a hearing and found the unfair dismissal claim to be well-founded.

Wrongful Dismissalsucceeded

The respondent failed to present a valid response on time. Under rule 21, the Employment Judge determined that the claim for wrongful dismissal (notice pay) was well-founded in the absence of any defence from the respondent.

Redundancy Paysucceeded

The respondent failed to present a valid response on time. The Employment Judge found the claim for failure to pay a statutory redundancy payment to be well-founded under rule 21.

Holiday Paysucceeded

The respondent failed to present a valid response on time. The claim for failure to pay holiday pay was determined to be well-founded by the Employment Judge under rule 21.

Breach of Contractsucceeded

The respondent failed to provide a written statement of terms and conditions as required by Section 1 of the Employment Rights Act 1996. The Employment Judge found this claim well-founded under rule 21.

Facts

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

Decision

Employment Judge Singh determined all five claims in favor of the claimant under rule 21 of the Employment Tribunals Rules of Procedure, which allows determination without a hearing where the respondent has not responded. All claims were found to be well-founded and succeeded. A separate Remedy Hearing will be scheduled to determine the compensation amounts.

Practical note

When a respondent fails to file a valid ET3 response on time, the tribunal can enter a default judgment under rule 21, finding all claims well-founded, with only remedy amounts left to be determined at a later hearing.

Legal authorities cited

Statutes

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

Case details

Case number
1800307/2025
Decision date
18 August 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
No