Claimant v The Baguette Deli Limited
Outcome
Individual claims
The claimant's complaint of unfair dismissal was struck out by judgment of Employment Judge Joffe in earlier proceedings.
The respondent failed to attend or defend the claim. The tribunal found the complaint of breach of contract well-founded under rule 22 default judgment procedure, awarding damages for notice pay.
The respondent failed to attend or defend the claim. The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant's sick pay entitlement for the period 1 May 2024 to 13 June 2024.
Facts
The claimant brought two claims against The Baguette Deli Limited. An unfair dismissal claim had previously been struck out by Employment Judge Joffe. The remaining claims concerned breach of contract (notice pay) and unauthorised deductions from wages in respect of sick pay for the period 1 May 2024 to 13 June 2024. The respondent failed to attend the hearing or defend either claim, and had not applied for any extension of time to do so.
Decision
The tribunal exercised its discretion under rule 22 to determine the claims as default judgments. Both the breach of contract claim and the unauthorised deduction from wages claim were found well-founded. The respondent was ordered to pay £402.50 for notice pay and £700.50 for unpaid sick pay, totalling £1,103.00.
Practical note
Where a respondent fails to engage with tribunal proceedings and does not defend claims, the tribunal may enter default judgment under rule 22 if it is satisfied the claims can properly be determined on the available evidence.
Award breakdown
Case details
- Case number
- 6014677/2024
- Decision date
- 20 March 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No