Claimant v The Baker's Best Ltd
Outcome
Individual claims
The respondent withdrew its ET3 response prior to the hearing, stating it would not contest the claim. Judgment was entered under Rule 22 as the respondent ceased to defend the case. The claimant was summarily dismissed on 21 February 2024 after over 15 years of service.
The claimant was summarily dismissed without receiving his statutory notice period of 12 weeks. The respondent withdrew its defence, and the tribunal found the claimant entitled to damages representing the net wages he would have received during his notice period.
The claimant was only paid wages up to 31 January 2024 but remained employed until 21 February 2024. The respondent failed to pay him for the three weeks of February during which he was still an employee, constituting an unlawful deduction under Part II of the Employment Rights Act 1996.
Facts
The claimant was employed as a baker by a small bakery business from October 2008 to February 2024. He was summarily dismissed on 21 February 2024 after allegedly acting in a manner amounting to gross misconduct during a conversation with the owner, Mrs Nandha. The bakery ceased trading in January 2024 and the respondent company entered administration. The claimant was not paid for his final three weeks of work and received no notice pay.
Decision
The respondent withdrew its ET3 response before the hearing due to Mrs Nandha's serious ill-health and the company's insolvency. The tribunal entered judgment under Rule 22 in favour of the claimant on all claims: unfair dismissal (basic award), wrongful dismissal (notice pay), and unlawful deduction of wages for the final three weeks worked.
Practical note
When a respondent withdraws its ET3 response, the tribunal may enter judgment under Rule 22 as if no response had been received, leading to automatic liability on all claims even where the respondent believes it had a defence.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305606/2024
- Decision date
- 23 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- baker
- Service
- 15 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor