Cases2600064/2025

Claimant v Happy English UK Ltd (in voluntary liquidation)

21 May 2025Before Employment Judge McTigueMidlands Easton papers

Outcome

Claimant succeeds£2,526

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Breach of Contractsucceeded

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.

Redundancy Paysucceeded

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.

Holiday Paysucceeded

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.

Breach of Contractsucceeded

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

Notice pay£468
Holiday pay£312
Arrears of pay£653
Redundancy pay£468

Legal authorities cited

Statutes

Rule 21 Employment Tribunals Rules of ProcedureEmployment Rights Act 1996Employment Act 2002 s.38

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