Cases3310708/2024

Claimant v J.U.T.A Services - James Green

21 May 2025Before Employment Judge HutchingsSouth Easton papers

Outcome

Default judgment£3,110

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. Under rule 21, the tribunal determined the claim on papers and found the respondent had made unauthorised deductions from the claimant's wages totalling £2,801.29 gross.

Holiday Paysucceeded

The respondent failed to present a valid response on time. Under rule 21, the tribunal determined the claim on papers and found the respondent had failed to pay the claimant's holiday entitlement of £308.50.

Facts

Mr Difranco brought claims for unauthorised deductions from wages and unpaid holiday pay against J.U.T.A Services - James Green. The claim was presented to the South East Employment Tribunal on 14 November 2024. The respondent failed to present a valid response on time, leading to a default judgment under rule 21 of the Employment Tribunals Rules of Procedure.

Decision

Employment Judge Hutchings determined the claim on papers under rule 21 without a hearing due to the respondent's failure to respond. The tribunal found in favour of the claimant on both claims, awarding £2,801.29 for unauthorised wage deductions and £308.50 for unpaid holiday pay.

Practical note

Respondents who fail to present a timely response face default judgment under rule 21, with claims determined on papers without the opportunity to defend the case.

Award breakdown

Holiday pay£309
Unpaid wages£2,801

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure Rule 21Employment Rights Act 1996

Case details

Case number
3310708/2024
Decision date
21 May 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No