Claimant v Kunal Minimarket Ltd
Outcome
Individual claims
The tribunal declared that the respondent made unauthorised deductions from the claimant's wages. This was determined under rule 21 as the respondent failed to present a valid response on time.
The claimant was dismissed by reason of redundancy and the tribunal found she was entitled to the balance of her statutory redundancy payment. The respondent's failure to defend the claim resulted in judgment for the claimant.
The claimant was dismissed without being given her full 12 weeks' notice or payment in lieu. The tribunal awarded damages representing the balance of notice pay owed under rule 21.
The respondent underpaid the claimant's holiday entitlement on termination of employment. The tribunal awarded the outstanding balance of accrued holiday pay.
Facts
The claimant was employed by Kunal Minimarket Ltd and was dismissed by reason of redundancy. The respondent failed to pay the full statutory redundancy payment, failed to provide 12 weeks' notice or full payment in lieu, underpaid holiday entitlement on termination, and made unauthorised deductions from wages. The claim was filed on 30 September 2024, and the respondent failed to present a valid response on time.
Decision
The tribunal determined the claim under rule 21 due to the respondent's failure to defend. The claimant succeeded on all four claims considered: unauthorised deductions from wages, redundancy pay, breach of contract for notice pay, and holiday pay. The tribunal awarded a total of £10,993.05 and listed a further hearing for March 2025 to consider outstanding claims regarding sick pay and pension contributions.
Practical note
Employers who fail to respond to tribunal claims face default judgment under rule 21, and will be ordered to pay all sums claimed where the claimant can demonstrate entitlement.
Award breakdown
Legal authorities cited
Case details
- Case number
- 6013352/2024
- Decision date
- 24 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No