Claimant v Harkins Care Homecare
Outcome
Individual claims
The tribunal determined under rule 21 that the respondent failed to present a valid response on time. The claimant succeeded on the claim of unauthorised deductions from wages. The respondent was ordered to pay £1,436.27 gross.
The tribunal found the respondent had failed to reimburse mileage expenses. This constituted a breach of contract. Damages were awarded in the sum of £517.86.
Facts
Mr Adebiyi brought claims against his employer Harkins Care Homecare, a homecare provider. The respondent failed to present a valid response within the required timeframe. The claims related to unauthorised deductions from wages totalling £1,436.27 and failure to reimburse mileage expenses of £517.86.
Decision
The Employment Judge determined the claim on the papers under rule 21 of the Rules of Procedure, given the respondent's failure to file a response. The tribunal found in favour of the claimant on both claims and awarded a total of £1,954.13 comprising unpaid wages and mileage expenses.
Practical note
Where a respondent fails to file a valid ET3 response on time, an Employment Judge can make a default judgment under rule 21 without a hearing, determining claims in favour of the claimant based on the ET1.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6023343/2024
- Decision date
- 6 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No