Claimant v Smart Group Services
Outcome
Individual claims
The tribunal found the respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent failed to present a valid response on time, and the claim was determined under rule 21.
The tribunal found the complaint of breach of contract in relation to pay for returned items (uniform and keys) was well-founded. The respondent failed to defend the claim having not submitted a response.
Facts
The claimant Ms King brought claims against Smart Group Services for unpaid holiday pay and breach of contract relating to deductions for returned uniform and keys. The respondent failed to present a valid response on time. The claimant was paid £105 per week and accrued 6.56 days (1.3 weeks) of unpaid holiday.
Decision
The tribunal determined the claims on the papers under rule 21 as the respondent failed to defend. Both claims succeeded: the claimant was awarded £136.50 for holiday pay under the Working Time Regulations 1998 and £75 for breach of contract relating to returned items, totaling £211.50.
Practical note
Employers who fail to respond to tribunal claims face default judgments, and must pay accrued holiday pay on termination and cannot make unauthorized deductions for returned items.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300541/2024
- Decision date
- 7 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No