Claimant v M Miller
Outcome
Individual claims
The respondent failed to present a response and the tribunal issued a default judgment under rule 22. The claimant was entitled to payment for 18.5 hours worked at £12 per hour, which the respondent had unlawfully withheld.
The claim was dismissed because the claimant did not have the two years qualifying service required under the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim.
Facts
Ms Luty brought claims for unlawful deduction of wages and unfair dismissal against her employer M Miller. The respondent failed to present a response to the claim. The claimant was owed payment for 18.5 hours worked at £12 per hour but had less than two years' service for unfair dismissal purposes.
Decision
The tribunal issued a default judgment under rule 22 of the Employment Tribunal Procedure Rules 2024. The wages claim succeeded and the respondent was ordered to pay £222 gross. The unfair dismissal claim was dismissed as the claimant lacked the required two years' qualifying service.
Practical note
Default judgments under rule 22 allow tribunals to determine claims on available material where no response is filed, but statutory qualifying periods for unfair dismissal still apply regardless of whether the employer defends the claim.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4100162/2025
- Decision date
- 25 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- M Miller
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No