Claimant v OBS Medics Limited
Outcome
Individual claims
The respondent failed to present a valid response on time. Under rule 21, the tribunal determined the claim on the papers and found in favour of the claimant that unauthorised deductions from wages had been made totalling £300.
The respondent failed to present a valid response on time. Under rule 21, the tribunal determined the claim on the papers and found the respondent had failed to pay the claimant's holiday entitlement, awarding £1,262.53.
The claimant was dismissed in breach of contract in respect of notice. However, no damages were awarded because the tribunal found the claimant had mitigated her loss by finding alternative employment.
Facts
The claimant brought claims for unauthorised deductions from wages, unpaid holiday pay, and breach of contract in respect of notice. The claim was filed on 8 August 2024. The respondent, OBS Medics Limited, failed to present a valid ET3 response on time. The claimant subsequently found new employment and mitigated her loss in respect of the notice pay claim.
Decision
Under rule 21, the tribunal determined the claims on the papers without a hearing. The tribunal found in favour of the claimant on the wages and holiday pay claims, awarding £300 and £1,262.53 respectively. The breach of contract claim succeeded in principle but no damages were awarded due to successful mitigation.
Practical note
Even where a claimant succeeds on a breach of contract claim for notice under rule 21, they must still prove their loss and will receive no damages if they have fully mitigated by finding alternative employment.
Award breakdown
Legal authorities cited
Case details
- Case number
- 6008022/2024
- Decision date
- 1 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No