Cases6001296/2025

Claimant v Smart Bhelpoori House Limited

Outcome

Default judgment£13,601

Individual claims

Redundancy Paysucceeded

Respondent failed to defend the claim by not filing an ET3. Tribunal determined on papers under rule 22 that respondent unlawfully failed to pay statutory redundancy pay based on information provided in the ET1.

Breach of Contractsucceeded

Respondent failed to defend the claim by not filing an ET3. Tribunal determined on papers under rule 22 that respondent failed to pay 12 weeks statutory notice pay based on information provided in the ET1.

Facts

The claimant was employed by Smart Bhelpoori House Limited at a weekly gross pay of £323.84 with a 12 week notice period. The employment ended and the claimant was entitled to statutory redundancy pay and notice pay. The respondent failed to pay either sum.

Decision

The respondent failed to file an ET3 response within the deadline. Employment Judge Snelson determined the claims under rule 22 without a hearing based on the ET1 and information provided by the claimant. The tribunal awarded £9,715.20 redundancy pay and £3,886.08 notice pay.

Practical note

Default judgments under rule 22 can be made on the papers where a respondent fails to defend a claim and the tribunal is satisfied the claims are properly made out on the ET1.

Award breakdown

Notice pay£3,886
Redundancy pay£9,715

Legal authorities cited

Statutes

Employment Tribunals Procedure Rules 2024 rule 22

Case details

Case number
6001296/2025
Decision date
1 July 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Employment details

Claimant representation

Represented
No