Claimant v Theatre Street Bar and Grill Limited
Outcome
Individual claims
Default judgment was entered on 2 June 2025 by Employment Judge Kenward under Rule 22 as the respondent failed to submit an ET3. The tribunal awarded damages for breach of contract in respect of notice pay at 6 weeks' gross pay.
Default judgment was entered on 2 June 2025 by Employment Judge Kenward under Rule 22 as the respondent failed to submit an ET3. The tribunal determined under s.163 ERA 1996 that the claimant was entitled to a statutory redundancy payment calculated at 6 times the weekly gross pay.
Facts
The claimant, Miss Sarah Shaw, was employed by Theatre Street Bar and Grill Limited. The employment ended, apparently by redundancy, and the claimant was not paid her notice pay or statutory redundancy payment. The claimant brought claims for breach of contract (notice pay) and statutory redundancy payment. The respondent failed to submit an ET3 response.
Decision
Employment Judge Kenward entered a default judgment on liability on 2 June 2025 under Rule 22 due to the respondent's failure to defend. At a remedy hearing on 6 June 2025, Employment Judge Dennehy awarded £2,100 for notice pay (6 weeks at £350 gross per week) and £2,100 statutory redundancy payment, totalling £4,200.
Practical note
Failure to submit an ET3 response will result in a default judgment being entered against a respondent, with remedy determined at a subsequent hearing based on the claimant's uncontested evidence.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2400009/2025
- Decision date
- 2 June 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
- Rep type
- self
Employment details
Claimant representation
- Represented
- No