Cases6000591/2025

Claimant v Umair Shafiq

4 June 2025Before Employment Judge B BeyzadeLondon Eastremote video

Outcome

Default judgment£8,934

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the claimant had suffered unauthorised deductions from wages for 101 hours at £11.80 per hour for September and October 2024. The respondent failed to attend the hearing or present a response, and the tribunal issued a default judgment awarding £1191.80 gross.

Constructive Dismissalsucceeded

The tribunal found the claimant had been constructively dismissed. The respondent failed to attend the hearing or present a response. The tribunal awarded a basic award and compensatory award covering past and future loss of earnings and loss of statutory rights, totalling £7742.13.

Facts

The claimant, Miss Sharmin Hussain, worked for the respondent, Umair Shafiq, at an hourly rate of £11.80. She was not paid for 101 hours of work in September and October 2024. The claimant resigned, alleging constructive dismissal, with her employment ending on 31 October 2024. The respondent failed to present a response to the claim and did not attend the final hearing scheduled for 4 June 2025.

Decision

The tribunal proceeded in the absence of the respondent under Rule 47 and issued a default judgment under Rule 22. The tribunal found in favour of the claimant on both claims, awarding £1191.80 for unpaid wages and £7742.13 for constructive unfair dismissal, comprising basic and compensatory awards for past and future loss of earnings and loss of statutory rights.

Practical note

Default judgments can be issued where a respondent fails to attend or present a response, with tribunals awarding compensation based on available evidence including loss of earnings and statutory rights.

Award breakdown

Basic award£267
Compensatory award£7,475
Unpaid wages£1,192
Loss of statutory rights£445

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 22Employment Tribunal Procedure Rules 2024 Rule 47Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
6000591/2025
Decision date
4 June 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
Represented
No

Claimant representation

Represented
No