Claimant v Flamelily Care Ltd
Outcome
Individual claims
The respondent failed to respond to the claim. Under Rule 21, judgment was entered in the claimant's favour for unauthorised deduction from wages in the amount of £6,682.02.
The respondent failed to respond to the claim. The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded damages of £592.80 representing notice pay.
The respondent failed to respond to the claim. The tribunal found the respondent failed to pay the claimant's holiday entitlement and awarded £2,369.60 in unpaid holiday pay.
The respondent failed to provide a written statement of particulars of employment. Under Section 38 of the Employment Act 2002, the tribunal awarded 4 weeks' pay (£2,371.20) as a penalty for this failure.
Facts
Mr Jenny brought claims against his former employer Flamelily Care Ltd for unlawful deductions from wages, breach of contract in respect of notice pay, unpaid holiday pay, and failure to provide written particulars of employment. The respondent failed to enter a response to the claim.
Decision
Under Rule 21 of the Employment Tribunal Procedure Rules, judgment was entered in default for the claimant. The tribunal awarded a total of £12,015.62 comprising unpaid wages, notice pay, holiday pay, and a statutory penalty for failing to provide written employment particulars.
Practical note
Employers who fail to respond to tribunal claims face default judgment under Rule 21, and additional penalties apply under Section 38 Employment Act 2002 for failure to provide written particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1806115/2024
- Decision date
- 11 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No