Claimant v Shears red5 Ltd
Outcome
Individual claims
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a valid response on time, and judgment was entered under rule 21 awarding damages for wrongful dismissal.
The tribunal determined the claimant was dismissed by reason of redundancy and is entitled to a statutory redundancy payment. The respondent did not contest the claim having failed to respond.
The tribunal found the respondent had failed to pay the claimant's holiday entitlement. The respondent did not file a response, and the claim succeeded under rule 21.
Facts
The claimant filed a claim in the Midlands East Employment Tribunal on 14 April 2025 against a company in voluntary creditor's liquidation. The respondent failed to present a valid response on time. The claimant sought damages for wrongful dismissal, redundancy pay, and unpaid holiday pay.
Decision
The Employment Judge determined the claims under rule 21 on the papers without a hearing. All three claims succeeded: wrongful dismissal damages of £5,040, statutory redundancy payment of £12,600, and holiday pay of £840, totaling £18,480. The scheduled hearing on 28 July 2025 was cancelled.
Practical note
Where a respondent in liquidation fails to respond, a tribunal will enter default judgment under rule 21, awarding all appropriate statutory and contractual entitlements without requiring a merits hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6012797/2025
- Decision date
- 7 July 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Shears red5 Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No