Claimant v Flamelily Care Ltd
Outcome
Individual claims
Respondent did not enter a response and judgment was entered in default under Rule 21. The tribunal found that the respondent made an unauthorised deduction from the claimant's wages totalling £4,007.60.
Respondent did not enter a response. The tribunal found that the claimant was dismissed in breach of contract in respect of notice and awarded damages of £427.50, representing one week's gross pay.
Respondent did not enter a response. The tribunal found that the respondent failed to pay the claimant's holiday entitlement and awarded £1,636.50 in unpaid holiday pay.
Respondent did not enter a response. The tribunal awarded £1,710 (representing 4 weeks' pay) pursuant to Section 38 of the Employment Act 2002 for the respondent's failure to provide a written statement of particulars of employment.
Facts
The claimant brought claims against his former employer, a care company, for unlawful deduction of wages, unpaid holiday pay, and breach of contract in respect of notice. The respondent failed to enter a response to the claim. The claimant's weekly gross pay was £427.50.
Decision
Under Rule 21, the tribunal entered judgment in default for the claimant on all claims. The tribunal awarded £4,007.60 for unlawful deduction of wages, £1,636.50 for unpaid holiday pay, £427.50 for notice pay, and an additional £1,710 penalty for failure to provide written particulars of employment, totalling £7,781.60.
Practical note
Employers who fail to respond to tribunal claims face default judgments, and the failure to provide written particulars attracts a mandatory penalty of 2-4 weeks' pay under Section 38 of the Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1806114/2024
- Decision date
- 11 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No