Claimant v K Wilby & Son Limited
Outcome
Individual claims
Rule 21 judgment entered in favour of the claimant after the respondent's application to extend time to present a response was refused. Tribunal awarded basic and compensatory awards for unfair dismissal.
Claim succeeded under the Extension of Jurisdiction Order 1994. However, no separate notice pay was awarded to avoid double recovery, as losses were compensated within the compensatory award.
Claim of unauthorised deduction from wages under s.13 Employment Rights Act 1996 succeeded. Tribunal awarded £1,324.40 for unlawfully deducted wages.
Claim for failure to provide written particulars of employment under s.38 Employment Rights Act 1996 succeeded. Tribunal awarded four weeks' pay (£2,442.00) as a statutory uplift.
Facts
The claimant, Mr. I. Rush, brought claims against his former employer K Wilby & Son Limited for unfair dismissal, wrongful dismissal, unauthorised deduction from wages, and failure to provide written particulars of employment. The respondent applied under rule 21 of the ET Rules 2024 to extend time to present a response to the claim. Both parties were represented by counsel at a remote video hearing.
Decision
The tribunal refused the respondent's application to extend time and entered a rule 21 judgment in favour of the claimant. All four claims succeeded, with a total award of £29,446.98 comprising basic and compensatory awards for unfair dismissal, unlawfully deducted wages, and an uplift for failure to provide written particulars. No separate notice pay was awarded to avoid double recovery.
Practical note
Where a respondent fails to present a timely response and their extension application is refused, a rule 21 default judgment will typically succeed across all claims, though tribunals must still avoid double recovery between compensatory awards and notice pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305281/2024
- Decision date
- 23 May 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister