Claimant v The Games Room Company UK Limited
Outcome
Individual claims
The tribunal found, based on payslips and bank statements comparing amounts due to amounts received from June 2023 to December 2024, that the claimant had been underpaid by £16,987.19 gross. The respondent did not file a response or provide any evidence to the contrary. The claim was within the two-year limitation period under the Deductions from Wages (Limitation) Regulations 2014.
The tribunal accepted the claimant's evidence that she was owed 15.5 days of accrued but untaken holiday pay. Applying the Working Time Regulations 1998 and ERA 1996 sections 221-224, the tribunal calculated holiday pay based on weekly pay (£638.46) and awarded £1,979.20 for the 15.5 days. The respondent provided no contrary evidence and the bank statements showed no payment had been made.
The claimant was made redundant on 26 December 2024 after approximately 3.5 years of service. The tribunal accepted the claimant's calculation of statutory redundancy pay of £2,873.07 (representing 4.5 weeks' pay). The respondent did not file a response and bank statements showed no payment had been made. The respondent later agreed with this figure.
Facts
The claimant was employed as PA to the CEO from July 2021 to December 2024 on a salary of £33,204 per annum. From July 2023 onwards, she was systematically underpaid, receiving less than the amounts shown on her payslips. She was made redundant on 26 December 2024 and was not paid her redundancy payment or accrued holiday pay. She brought a claim in November 2024 while still employed, initially for arrears of wages, later amended to include holiday pay, SSP and redundancy pay. The respondent failed to file a response or engage with the tribunal proceedings.
Decision
The tribunal entered a Rule 21 default judgment without a hearing after the respondent failed to file a response. The judge awarded the claimant £21,839.46 in total, comprising unpaid wages of £16,987.19 gross for the period June 2023 to December 2024, statutory redundancy pay of £2,873.07, and accrued holiday pay of £1,979.20 for 15.5 days. The original judgment was reconsidered to correct the holiday pay calculation method.
Practical note
Rule 21 judgments can encompass claims that arise after the ET1 is filed, particularly where the respondent fails to engage and where requiring a fresh claim would be contrary to the overriding objective and cause disproportionate delay and expense.
Award breakdown
Award equivalent: 34.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6018985/2024
- Decision date
- 20 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Role
- PA to the CEO
- Salary band
- £30,000–£40,000
- Service
- 4 years
Claimant representation
- Represented
- No