Cases1401611/2024

Claimant v Discount SW Ltd

7 March 2025Before Employment Judge LiveseyBristolon papers

Outcome

Claimant succeeds£7,868

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. The tribunal determined under rule 21 that the respondent made unauthorised deductions from the claimant's wages totalling £1329.30.

Breach of Contractsucceeded

The respondent failed to present a valid response on time. The tribunal determined under rule 21 that the claimant was dismissed in breach of contract in respect of notice, awarding damages of £1329.30.

Redundancy Paysucceeded

The respondent failed to present a valid response on time. The tribunal determined under rule 21 that the claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment of £3215.00.

Holiday Paysucceeded

The respondent failed to present a valid response on time. The tribunal determined under rule 21 that the respondent failed to pay the claimant's accrued holiday entitlement, awarding £1993.95.

Facts

The claimant, Mr L Squires, brought claims against Discount SW Ltd for unauthorised deductions from wages, breach of contract in respect of notice, redundancy payment, and unpaid holiday pay. The claim was filed on 4 July 2024 in the Bristol Employment Tribunal. The respondent failed to present a valid response on time.

Decision

Employment Judge Livesey determined the claims under rule 21 of the Employment Tribunals Rules of Procedure, finding in favour of the claimant on all claims. The respondent was ordered to pay total compensation of £7,867.55 comprising unpaid wages, notice pay, statutory redundancy payment, and accrued holiday pay.

Practical note

Default judgments under rule 21 allow tribunals to determine claims on paper where respondents fail to engage with the process, resulting in automatic liability for valid employment debts.

Award breakdown

Notice pay£1,329
Holiday pay£1,994
Redundancy pay£3,215
Unpaid wages£1,329

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 rule 21Employment Rights Act 1996

Case details

Case number
1401611/2024
Decision date
7 March 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
retail
Represented
No

Claimant representation

Represented
No