Cases6003002/2025

Claimant v Sircus Limited

29 April 2025Before Employment Judge Eeleyon papers

Outcome

Default judgment£6,120

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint of unauthorised deductions from wages well-founded. The respondent failed to present a valid response and the tribunal determined the claim in accordance with Rule 22, awarding the claimant £160 in unauthorised deductions.

Breach of Contractsucceeded

The tribunal found the claimant was dismissed in breach of contract in respect of notice. Under a default judgment, the respondent was ordered to pay damages for notice pay calculated at gross to reflect post-employment notice pay tax treatment, totalling £2,400.

Redundancy Paysucceeded

The tribunal determined the claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The respondent failed to defend the claim and the tribunal awarded £3,000 in redundancy pay.

Holiday Paysucceeded

The tribunal found the complaint in respect of holiday pay well-founded. The respondent failed to pay the claimant in accordance with regulation 16(1) of the Working Time Regulations 1998, and was ordered to pay £560 in accrued but unpaid holiday pay.

Facts

Miss Smethurst brought claims against Sircus Limited for unauthorised deductions from wages, breach of contract (notice pay), redundancy pay, and holiday pay. The respondent failed to present a valid response on time to any of these claims. A hearing had been listed for 5 June 2025 but was cancelled.

Decision

The tribunal issued a default judgment under Rule 22 finding all four claims well-founded. The tribunal awarded £160 for unauthorised wage deductions, £2,400 for notice pay (grossed up for tax), £3,000 statutory redundancy payment, and £560 for unpaid holiday pay under the Working Time Regulations 1998, totalling £6,120.

Practical note

Employers who fail to defend tribunal claims face default judgments awarding full entitlements including notice, redundancy, and accrued holiday pay without any opportunity to challenge the amounts claimed.

Award breakdown

Notice pay£2,400
Holiday pay£560
Redundancy pay£3,000
Unpaid wages£160

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2024 - Rule 22Working Time Regulations 1998 reg 16(1)

Case details

Case number
6003002/2025
Decision date
29 April 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No