Cases3303490/2024

Claimant v Chalk Hills Healthcare (in creditors voluntary arrangement)

Outcome

Default judgment£2,292

Individual claims

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The respondent failed to present a valid response on time and did not attend the hearing. The claimant was awarded damages for the notice pay she was entitled to receive.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract for failure to provide 60 hours of work during the claimant's employment well-founded. The respondent did not defend the claim and the tribunal accepted the claimant's evidence regarding the shortfall in hours provided.

Holiday Paysucceeded

The complaint in respect of holiday pay was well-founded. The tribunal found that the respondent failed to pay the claimant in accordance with regulation 16(1) of the Working Time Regulations 1998, specifically for 28 hours of holiday taken during her employment.

Facts

Ms Rzepska brought claims against Chalk Hills Healthcare, a healthcare provider in creditors voluntary arrangement, for unpaid notice pay, breach of contract for failure to provide 60 hours of work during employment, and unpaid holiday pay for 28 hours. The respondent failed to present a valid response on time and did not attend the hearing. The tribunal proceeded under rule 21.

Decision

The tribunal found all three claims well-founded and awarded the claimant a total of £2,291.52, comprising £1,091.20 for notice pay, £818.40 for the breach of contract regarding unpaid hours, and £381.92 for holiday pay under the Working Time Regulations 1998.

Practical note

Default judgments under rule 21 require careful calculation of awards based on the claimant's uncontested evidence, with particular attention to tax treatment of post-employment payments.

Award breakdown

Notice pay£1,091
Holiday pay£382

Legal authorities cited

Statutes

Working Time Regulations 1998 reg 16(1)

Case details

Case number
3303490/2024
Decision date
27 March 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No