Claimant v Happy English UK Ltd (in voluntary liquidation)
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages. The respondent failed to present a valid response on time, and the claim was determined under rule 21 of the Rules of Procedure.
The tribunal found that the claimant was dismissed in breach of contract in respect of notice. The respondent failed to defend the claim, having not presented a valid response on time.
The tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. The respondent did not contest the claim.
The tribunal found that the respondent failed to pay the claimant's accrued holiday entitlement. This claim succeeded in the absence of a response from the respondent.
The tribunal found that the respondent breached its duty to provide the claimant with a written statement of employment particulars. An award was made under section 38 of the Employment Act 2002.
Facts
Ms Slater was employed by Happy English UK Ltd, a company now in voluntary liquidation. The company failed to pay her wages in full, dismissed her by reason of redundancy without paying notice pay or redundancy pay, failed to pay accrued holiday entitlement, and failed to provide a written statement of employment particulars. The respondent did not present a valid response to the claim.
Decision
The tribunal determined the claims under rule 21 in the respondent's absence. All claims succeeded: unlawful deduction of wages (£653.10), notice pay (£468.30), redundancy pay (£468.30), holiday pay (£312.20), and an award for failure to provide written particulars (£624.40), totalling £2,526.30.
Practical note
Where an employer fails to defend a claim, tribunals will make default judgments under rule 21, awarding all sums properly claimed including the section 38 award for failure to provide employment particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2600064/2025
- Decision date
- 21 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No