Claimant v White & Sterling Residential Care Limited
Outcome
Individual claims
The claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a valid response on time and the tribunal made a determination under rule 21 (default judgment) in favour of the claimant for notice pay damages.
Facts
Mrs Mayes brought a claim against White & Sterling Residential Care Limited for wrongful dismissal relating to notice pay. She filed her claim on 4 December 2024 in the South East Employment Tribunal. The respondent failed to present a valid response within the required time limit.
Decision
Employment Judge M Warren made a default judgment under rule 21 of the Employment Tribunal Rules of Procedure in favour of the claimant. The tribunal determined that the claimant had been dismissed in breach of contract in respect of notice and awarded her damages of £2,236.52, to be paid without deduction and taxable in her hands.
Practical note
Failure by a respondent to file a timely ET3 response can result in a default judgment being entered against them on the papers without a hearing.
Award breakdown
Legal authorities cited
Case details
- Case number
- 3311755/2024
- Decision date
- 15 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No