Cases3302517/2024

Claimant v Barnett's Coaches Limited

24 May 2025Before Employment Judge J Connollyremote video

Outcome

Claimant succeeds£2,119

Individual claims

Unlawful Deduction from Wagessucceeded

Respondent's application to extend time to submit a defence was rejected. Default judgment awarded to claimant on this claim for unpaid wages of £1,214.17.

Holiday Paysucceeded

Respondent's application to extend time to submit a defence was rejected. Default judgment awarded to claimant on this claim for holiday pay of £420.

Breach of Contractsucceeded

Respondent's application to extend time to submit a defence was rejected. Default judgment awarded to claimant for parking charge of £260.

Breach of Contractsucceeded

Respondent's application to extend time to submit a defence was rejected. Default judgment awarded to claimant for accident damage of £225.

Facts

The claimant Mr G Clark brought claims against his former employer Barnett's Coaches Limited for unpaid wages, holiday pay, a parking charge, and accident damage. The respondent failed to submit a defence within the required time limit and subsequently applied for an extension of time. The tribunal held a preliminary hearing in private by video to consider this application.

Decision

The tribunal rejected the respondent's application to extend time to submit a defence on all claims. As a result, default judgment was entered in favour of the claimant for all claimed amounts: £1,214.17 in unpaid wages, £420 in holiday pay, £260 for a parking charge, and £225 for accident damage.

Practical note

Failure to submit a defence within the prescribed time limit can result in default judgment, and tribunals may reject late applications to extend time even where both parties are legally represented.

Award breakdown

Holiday pay£420
Unpaid wages£1,214

Case details

Case number
3302517/2024
Decision date
24 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister