Claimant v Tom Bainbridge Ltd
Outcome
Individual claims
The respondent failed to present a valid response on time. The tribunal determined under Rule 22 that the respondent made unauthorised deductions from wages for the period 9 September 2024 to 3 February 2025, totalling £12,463.97 after accounting for £2,213.00 received on account.
The respondent failed to give the claimant written itemised pay statements as required by section 8 of the Employment Rights Act 1996. However, as the shortfall in wages was already accounted for in the unlawful deduction claim, no further award was made.
The respondent failed to pay the claimant's accrued but untaken holiday entitlement. The tribunal awarded 11.5 days of holiday pay at the claimant's daily rate of £138.46, totalling £1,592.18.
Facts
The claimant was employed by Tom Bainbridge Ltd on an annual salary of £36,000. The respondent failed to pay the claimant wages for the period from 9 September 2024 to 3 February 2025, paying only £2,213.00 on account when £14,676.97 was due. The respondent also failed to provide itemised pay statements and did not pay 11.5 days of accrued but untaken holiday entitlement upon termination of employment.
Decision
The tribunal issued a default judgment under Rule 22 after the respondent failed to present a valid response on time. The tribunal found in favour of the claimant on all claims, awarding £12,463.97 for unlawful deduction of wages and £1,592.18 for unpaid holiday pay, totalling £14,056.28. No additional award was made for failure to provide pay statements as the loss was already covered.
Practical note
Default judgments under Rule 22 allow tribunals to determine claims on the papers where respondents fail to engage, providing swift resolution for claimants in straightforward wage and holiday pay cases.
Award breakdown
Award equivalent: 20.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6013995/2025
- Decision date
- 9 July 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No