Claimant v Certa Precision Engineering Limited
Outcome
Individual claims
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.
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.
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.
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.
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
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