Claimant v Balmore Leisure Ltd

Outcome

Facts

Claimant was employed as Manager initially by Warrior Fitness (Scotland) Ltd. On 5 May 2024 she was offered and accepted a contract with Balmore Leisure Ltd. She resigned on 8 July 2024 and brought claims for unfair dismissal, holiday pay and unpaid wages. Respondent failed to enter a Response or attend the final hearing on 7 January 2025. Default judgment was entered in claimant's favour. Respondent only applied to set aside judgment on 8 April 2025 after Sheriff Officers attempted to enforce the award, claiming claimant was employed by the wrong company.

Decision

The tribunal refused the respondent's application for an extension of time to enter a Response. The tribunal found the respondent's explanations for delay lacked credibility, the balance of prejudice lay with the claimant who had properly engaged with the process, and the defence lacked merit given the claimant had been offered and accepted a contract with the respondent. The default judgment dated 7 January 2025 remains enforceable.

Practical note

Legal authorities cited