Claimant v Coanda Aeronautical Turbines Limited
Outcome
Individual claims
The tribunal found the respondent's response was struck out under rule 37 for repeated failure to comply with tribunal orders. The tribunal heard evidence from the claimant and found the complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 was well-founded for the period 9 November 2023 to 26 February 2024.
Facts
The claimant brought a claim for unauthorised deductions from pay for the period 9 November 2023 to 26 February 2024. The respondent failed to comply with tribunal orders, serving a witness statement late and having its witness Mr Andrews fail to attend the hearing. The respondent requested a postponement, stating Mr Andrews was in Hong Kong and had misread the case management order. This was the second postponement request on grounds of the respondent being abroad.
Decision
The tribunal struck out the respondent's response under rule 37 for repeated failure to comply with tribunal orders. After hearing evidence from the claimant, the tribunal found the claim for unauthorised deductions from pay well-founded and awarded the claimant £39,619.00 gross.
Practical note
Tribunals will strike out a respondent's defence for repeated non-compliance with case management orders, particularly failure to attend hearings, enabling a default judgment on liability.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2500600/2024
- Decision date
- 31 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No