Cases6017093/2024

Claimant v Clever HR LTD (In Creditors' Voluntary Liquidation)

4 June 2025Before Employment Judge MidgleySouth Weston papers

Outcome

Partly successful£2,552

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Wrongful Dismissalsucceeded

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.

Holiday Paysucceeded

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.

Unfair Dismissalstruck out

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

Notice pay£819
Holiday pay£95
Unpaid wages£1,638

Legal authorities cited

Statutes

Employment Rights Act 1996 s.108

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