Cases6000724/2025

Claimant v Austin May Medical Ltd T/A Xander Hendrix Healthcare

2 June 2025Before Employment Judge BatyScotlandon papers

Outcome

Default judgment£15,244

Individual claims

Unlawful Deduction from Wagessucceeded

No response was presented by the respondent. Under Rule 22 of the Employment Tribunal Rules 2024, judgment was entered in default for the claimant's claim of unlawful deduction from wages in the amount of £1,470.14 representing unpaid salary from September to December 2024.

Wrongful Dismissalsucceeded

No response was presented by the respondent. Under Rule 22, judgment was entered in default for the claimant's notice pay claim in the amount of £4,711 representing 7 weeks' unpaid notice pay.

Holiday Paysucceeded

No response was presented by the respondent. Under Rule 22, judgment was entered in default for the claimant's unpaid holiday pay claim in the amount of £1,992.40 representing pay for 14.8 days of accrued but untaken holiday.

Unfair Dismissalsucceeded

No response was presented by the respondent. Under Rule 22 of the Employment Tribunal Rules 2024, judgment was entered in default for the claimant's unfair dismissal claim.

Redundancy Paysucceeded

No response was presented by the respondent. Under Rule 22, judgment was entered in default for the claimant's statutory redundancy payment claim in the amount of £7,070.

Facts

Ms Conning was employed by Austin May Medical Ltd trading as Xander Hendrix Healthcare. Her employment ended, allegedly by reason of redundancy. She was owed unpaid salary from September to December 2024, accrued but untaken holiday pay for 14.8 days, 7 weeks' notice pay, and a statutory redundancy payment. She brought claims for these sums plus unfair dismissal.

Decision

The respondent failed to present a response to the claim. Under Rule 22 of the Employment Tribunal Rules 2024, Employment Judge Baty entered judgment in default for the claimant on all claims, awarding the full amount sought of £15,243.54 comprising redundancy pay, holiday pay, unpaid wages and notice pay.

Practical note

Where an employer fails to respond to a claim, the tribunal will enter default judgment under Rule 22 for the full amounts claimed without requiring a hearing.

Award breakdown

Notice pay£4,711
Holiday pay£1,992
Arrears of pay£1,470
Redundancy pay£7,070

Legal authorities cited

Statutes

Employment Tribunal Rules 2024 Rule 22

Case details

Case number
6000724/2025
Decision date
2 June 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No