Claimant v Nurtix Curae Limited (In Receivership)
Outcome
Individual claims
The Claimant was subjected to a series of wage deductions from 25 October 2023 to 25 April 2024. The tribunal found the Claimant was owed £5,330.90 gross (511.602 hours x £10.42 per hour) for unpaid wages in breach of section 13 Employment Rights Act 1996. The respondent did not defend the claim.
The Claimant's claim for statutory annual leave for the period 1 April 2023 to 31 March 2024 under Regulation 30 of the Working Time Regulations 1998 succeeded. She was awarded £3,676.18 gross (5.6 weeks x average weekly pay £656.46). The respondent did not defend the claim.
The Claimant's claim for contractual holiday pay of 5.15 days succeeded. She was awarded £482.97 gross (5.15 days x £93.78 average daily pay). The respondent did not defend the claim.
Facts
Mrs Akhtar worked irregular hours for Nurtix Curae Limited (In Receivership) as a worker and employee, earning £10.42 per hour. Her employment terminated on 25 April 2024. From 25 October 2023, the respondent made a series of unlawful wage deductions, totalling 511.602 unpaid hours. She was also not paid statutory or contractual holiday pay. The respondent, which was in receivership, did not submit a defence and was barred from the proceedings under rule 22.
Decision
The tribunal found in favour of the claimant on all claims via Rule 21 default judgment. She was awarded £5,330.90 for unlawful deduction of wages, £3,676.18 for statutory holiday pay, and £482.97 for contractual holiday pay, totalling £9,490.05 gross. The respondent failed to participate in the proceedings.
Practical note
Where a respondent in receivership fails to defend a claim, a tribunal can make a default judgment under Rule 21, awarding unpaid wages and holiday pay where the claimant provides sufficient evidence of the debt.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1304263/2024
- Decision date
- 28 March 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No