Claimant v Clever HR LTD (In Creditors' Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages. As the respondent failed to present a valid response, the tribunal determined the claim under rule 22 and awarded the claimant £1,638 gross for unlawful deductions.
The tribunal found that the claimant was dismissed in breach of contract in respect of notice. As the respondent failed to present a valid response, the tribunal awarded damages of £819.00 representing the notice pay owed.
The tribunal found that the respondent failed to pay the claimant's holiday entitlement. As the respondent did not defend the claim, the tribunal awarded £94.50 for unpaid holiday.
The claim was struck out because the claimant did not have the requisite two years' continuous service required under section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years and failed to give an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Clever HR Ltd for less than two years. Following dismissal, the respondent failed to pay wages, notice pay, and holiday entitlement. The claim was filed on 1 November 2024. The respondent, which was in creditors' voluntary liquidation, failed to present a valid response on time.
Decision
The tribunal awarded the claimant £2,551.50 comprising unlawful deduction of wages (£1,638), notice pay (£819), and holiday pay (£94.50). The unfair dismissal claim was struck out because the claimant lacked the required two years' continuous service under section 108 ERA 1996. The decision was made under rule 22 due to the respondent's failure to respond.
Practical note
Default judgments under rule 22 can result in monetary awards for contractual and wage claims, but statutory qualifying periods for unfair dismissal cannot be circumvented even when a respondent fails to defend.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6017093/2024
- Decision date
- 4 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No