Cases6020953/2024

Claimant v Ceased Trading Limited

11 April 2025Before Employment Judge Shotteron papers

Outcome

Default judgment£3,286

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages. The respondent did not participate in the proceedings and a default judgment was entered under Rule 21.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay the claimant's holiday entitlement. The respondent did not participate in the proceedings and a default judgment was entered under Rule 21.

Facts

The claimant brought claims for unauthorised deduction of wages and unpaid holiday pay against Ceased Trading Limited (also referred to as Amico Coffee Limited). The respondent did not participate in the proceedings. The tribunal proceeded to determine the claims on the papers under Rule 21 of the Employment Tribunals Rules of Procedure 2013.

Decision

The tribunal entered a default judgment in favour of the claimant under Rule 21. The respondent was ordered to pay £2,728.00 for unauthorised deduction of wages and £558.00 for unpaid holiday pay, making a total award of £3,286.00.

Practical note

Where a respondent fails to participate in tribunal proceedings, the tribunal may enter a default judgment under Rule 21 if the claims are well-founded based on the claimant's evidence.

Award breakdown

Holiday pay£558
Unpaid wages£2,728

Legal authorities cited

Statutes

Employment Rights Act 1996 s.13Working Time Regulations 1998

Case details

Case number
6020953/2024
Decision date
11 April 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No