Cases3300077/2025

Claimant v Jemma Trinick

29 July 2025Before Employment Judge AnstisSouth Easton papers

Outcome

Partly successful£1,672

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages totalling £475 gross. The respondent failed to present a valid response, and judgment was entered in default under rule 22.

Wrongful Dismissalsucceeded

The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to pay notice period amounting to £950 (representing 2 weeks' pay at £475 per week).

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant's holiday entitlement of £166.25. The respondent did not defend the claim having failed to present a response on time.

Breach of Contractsucceeded

The tribunal found the respondent failed to reimburse the claimant for petrol expenses of £81. This was a breach of contract claim determined in the claimant's favour by default.

Unfair Dismissalfailed

The unfair dismissal claim was dismissed because the claimant did not have sufficient length of service (two years) to bring such a claim, and no exception to that rule applied in her case.

Facts

Miss Vecci was employed by Ms Trinick and was dismissed without proper notice. The respondent failed to pay wages owed, holiday pay accrued, and petrol expenses. The claimant brought claims for unfair dismissal, wrongful dismissal, unlawful deduction of wages, holiday pay, and expense reimbursement. The respondent failed to present a response to the claim.

Decision

The tribunal entered default judgment in favour of the claimant under rule 22 for wrongful dismissal, unlawful deduction of wages, holiday pay, and expense reimbursement, awarding a total of £1,672.25. The unfair dismissal claim was dismissed as the claimant lacked the necessary two years' service.

Practical note

Default judgments allow tribunals to determine claims on paper where respondents fail to engage, but statutory qualifying periods for unfair dismissal still apply regardless of the procedural posture.

Award breakdown

Notice pay£950
Holiday pay£166
Unpaid wages£475

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
3300077/2025
Decision date
29 July 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No