Outcome
Individual claims
Respondent failed to present a valid response. Tribunal determined that unauthorised deductions were made from claimants' wages for the period 1-22 August 2024. Default judgment entered under Rule 22.
Respondent failed to present a valid response. Tribunal found claimants were dismissed in breach of contract in respect of notice. Awards calculated based on notice periods reduced by mitigation where new employment found.
Respondent failed to present a valid response. Tribunal determined that respondent failed to pay accrued holiday entitlement upon termination. Default judgment entered under Rule 22.
E Owens succeeded in claim for redundancy payment as he had qualifying service of two years. A McCarthy and S Pinnington failed to establish necessary two years qualifying service despite opportunity to make representations.
Facts
Three claimants brought claims against their former employer Langton Law Ltd for unpaid wages, notice pay, holiday pay and redundancy pay following dismissal in August 2024. The respondent failed to present a valid response on time to any of the claims. Two claimants (E Owens and S Pinnington) mitigated their losses by finding new employment on higher pay shortly after dismissal. A McCarthy and S Pinnington did not have the two years qualifying service required for redundancy pay.
Decision
The tribunal made default judgments under Rule 22 in favour of all three claimants without a hearing. Total awards were: A McCarthy £3,845.60, E Owens £4,759.65, and S Pinnington £4,203.50. Claims for redundancy pay by A McCarthy and S Pinnington failed due to insufficient qualifying service. Notice pay awards were reduced for E Owens and S Pinnington to account for mitigation through new employment.
Practical note
When a respondent fails to defend a claim, tribunals can make default judgments on the papers, but claimants must still prove they meet qualifying criteria (such as two years service for redundancy) and awards will be reduced to account for mitigation where new employment is found.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2407427/2024
- Decision date
- 4 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Langton Law Ltd
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No