Claimant v Mr JW Wells
Outcome
Individual claims
The tribunal found that the Second Respondent did not pay the Claimant for some of the work performed by her in the period 27 February to 26 March 2022, and therefore made unauthorised deductions from her wages under section 13 of the Employment Rights Act 1996. This was a default judgment as the respondent did not file a response.
The tribunal found that the Second Respondent failed to pay the Claimant compensation for holiday leave which she had accrued but not taken on the termination of her employment. The claimant was entitled to payment for 10.1 days of accrued but untaken holiday. This was a default judgment as the respondent did not file a response.
Facts
The Claimant worked as a waitress/bartender at Antipodea restaurant in Richmond. She brought claims against two respondents: the restaurant director Mr JW Wells and the company STR 48 Limited (in voluntary liquidation). The Claimant was not paid for all work performed in the period 27 February to 26 March 2022 and did not receive payment for 10.1 days of accrued but untaken holiday on termination. Neither respondent filed a defence and neither party attended the final hearing.
Decision
The tribunal dismissed the claim against the First Respondent (Mr Wells) as a payslip showed the Second Respondent (STR 48 Limited) was the employer. Under Rule 22 default judgment, the tribunal found the Second Respondent liable for unlawful deduction of wages (£575.64) and unpaid holiday pay (£668.80), awarding total damages of £1,244.44 gross.
Practical note
Default judgments under Rule 22 can be made on available documentary evidence such as payslips to establish employment status and liability, even where neither party attends the hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2302668/2023
- Decision date
- 6 June 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- Mr JW Wells
- Sector
- —
- Represented
- No
Employment details
- Role
- waitress/bartender
Claimant representation
- Represented
- No