Claimant v SUBAE17 Ltd
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the amount of £101.18 gross. The respondent failed to present a valid response and did not attend the hearing.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant proper notice pay. Damages were awarded at £459.68 gross, calculated to reflect Post Employment Notice Pay tax treatment.
The respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken when employment ended. The tribunal awarded £441.16 for unpaid holiday pay.
The tribunal found that the respondent refused to permit the claimant to exercise the right to rest breaks under the Working Time Regulations 1998. The tribunal awarded £96 as just and equitable compensation under regulation 30(4).
The respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when proceedings began. The tribunal found it just and equitable to award four weeks' gross pay under section 38 Employment Act 2002, totalling £1,838.73.
Facts
The claimant was employed by SUBAE17 Ltd and brought claims for unauthorised deductions from wages, unpaid notice pay, unpaid holiday pay, denial of rest breaks, and failure to provide written particulars. The claim was filed on 16 October 2024. The respondent failed to file a response on time and did not attend the hearing despite being aware of proceedings since December 2024 and sending an email on 12 March 2025.
Decision
The tribunal determined all claims in favour of the claimant under Rule 22 as a default judgment. The respondent was ordered to pay total compensation of £2,936.75 comprising unauthorised wage deductions, notice pay, holiday pay, rest break compensation, and a penalty for failing to provide written employment particulars.
Practical note
Rule 21 default judgments provide an efficient remedy for workers when employers fail to engage with tribunal proceedings, allowing tribunals to determine claims on the papers and award appropriate compensation including statutory penalties.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6015323/2024
- Decision date
- 13 March 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- SUBAE17 Ltd
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No