Claimant v The Falcon Inn at Woore Ltd
Outcome
Individual claims
The tribunal found in favour of the claimant under rule 21 as the respondent failed to present a valid response on time. The claimant was entitled to wages for the period 16 December to 29 December 2023 which were not paid by the respondent.
The tribunal found the respondent failed to pay accrued but untaken holiday entitlement on termination of employment. Under rule 21, this complaint was upheld and the claimant was awarded the outstanding holiday pay.
Facts
The claimant was employed by The Falcon Inn at Woore Ltd, a hospitality business. His employment ended on 29 December 2023. The respondent failed to pay him wages for the period 16-29 December 2023 totalling £1,128.00, and also failed to pay accrued but untaken holiday entitlement of £768.00 on termination. The claimant filed a claim on 11 February 2025 and the respondent failed to submit a valid response.
Decision
The tribunal determined the case under rule 22 of the Employment Tribunal Procedure Rules 2024 as the respondent failed to present a valid response on time. Both claims for unlawful deduction of wages and holiday pay succeeded. The respondent was ordered to pay £1,896.00 gross less appropriate tax and national insurance deductions.
Practical note
Default judgments under rule 21/22 will be granted where respondents fail to engage with tribunal proceedings and fail to file a response, resulting in claimants succeeding on properly presented wage and holiday pay claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1300409/2025
- Decision date
- 1 July 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No