Cases6015323/2024

Claimant v SUBAE17 Ltd

13 March 2025Before Employment Judge L Howden-EvansLondon Eastin person

Outcome

Claimant succeeds£2,937

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Breach of Contractsucceeded

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.

Holiday Paysucceeded

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.

Working Time Regulationssucceeded

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).

Othersucceeded

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

Notice pay£460
Holiday pay£441
Unpaid wages£101

Legal authorities cited

Statutes

Working Time Regulations 1998Employment Tribunals (Interest) Order 1990Employment Act 2002 s.38Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
6015323/2024
Decision date
13 March 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No