Cases2600180/2025

Claimant v I M Knitwear Limited

4 August 2025Before Employment Judge Victoria ButlerMidlandson papers

Outcome

Default judgment£3,843

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a response and the tribunal determined under rule 21 that unauthorised deductions were made from the claimant's wages totalling £2,544.83 gross.

Breach of Contractsucceeded

The tribunal found the claimant was dismissed without proper notice. Based on weekly pay of £432.72, damages for breach of contract in respect of notice were awarded.

Holiday Paysucceeded

The respondent failed to pay accrued holiday entitlement. The tribunal awarded £865.44 for unpaid holiday pay under the Working Time Regulations.

Facts

The claimant Miss N Niculae brought claims against I M Knitwear Limited for unauthorised deductions from wages, breach of contract in respect of notice, and unpaid holiday pay. The respondent failed to present a valid response within the required time limit.

Decision

The Employment Judge determined the claims under rule 21 in the respondent's absence. All three claims succeeded: unauthorised wage deductions of £2,544.83, notice pay of £432.72, and holiday pay of £865.44, totalling £3,842.99.

Practical note

Employers who fail to respond to tribunal claims face default judgments under rule 21, resulting in automatic liability for properly pleaded wage, notice and holiday pay claims.

Award breakdown

Notice pay£433
Holiday pay£865
Unpaid wages£2,545

Legal authorities cited

Statutes

ERA 1996 Part IIWorking Time Regulations 1998

Case details

Case number
2600180/2025
Decision date
4 August 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
manufacturing
Represented
No

Employment details

Claimant representation

Represented
No