Cases6018985/2024

Claimant v The Games Room Company UK Limited

20 March 2025Before Employment Judge LumbyMidlands Weston papers

Outcome

Claimant succeeds£21,839

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Holiday Paysucceeded

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.

Redundancy Paysucceeded

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

Holiday pay£1,979
Redundancy pay£2,873
Unpaid wages£16,987

Award equivalent: 34.2 weeks' gross pay

Legal authorities cited

Statutes

Working Time Regulations 1998 reg.14Employment Rights Act 1996 s.23Deductions from Wages (Limitation) Regulations 2014Working Time Regulations 1998 reg.16(1)ERA 1996 ss.221-224ERA 1996 s.229(2)

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