Claimant v Heath Electrical Services MK Limited (In Liquidation)
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages. The respondent failed to present a valid response on time and the claim was determined under Rule 21.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to defend the claim and damages were awarded representing one week's pay.
The tribunal found the respondent failed to pay the claimant's holiday entitlement which was half a day accrued as at the date of termination of employment.
The claimant did not have 2 years' service and was therefore not entitled to claim unfair dismissal. The claim was dismissed for want of jurisdiction.
Facts
Mr Khan brought claims against Heath Electrical Services MK Limited which was in liquidation. The respondent failed to present a valid response to the claim. The claimant had been dismissed and alleged unauthorised deductions from wages, wrongful dismissal in respect of notice, and unpaid holiday pay. He did not have two years' qualifying service for unfair dismissal.
Decision
The tribunal made a default judgment under Rule 21 in the claimant's favour for unlawful deductions from wages (£1,038.96), wrongful dismissal notice pay (£865.80), and holiday pay (£86.58), totalling £1,991.34. The unfair dismissal claim was dismissed for lack of jurisdiction due to insufficient service.
Practical note
Default judgments under Rule 21 allow tribunals to determine claims on the papers where respondents fail to defend, but claimants must still meet jurisdictional requirements such as qualifying service for unfair dismissal.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300404/2024
- Decision date
- 13 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No