Cases2301304/2024

Claimant v PAYELLO LTD

5 March 2025Before Employment Judge M AspinallLondon Southon papers

Outcome

Default judgment£2,334

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 wages totaling £2091.61, comprising £2008.55 for the period 20 October to 20 November 2023 and £83.06 for 3.83 hours unpaid overtime at £21.67/hour.

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 holiday entitlement of £242.43 gross.

Facts

The claimant filed a claim on 15 January 2024 in the London South Employment Tribunal. The respondent, Payello Ltd, failed to present a valid response on time. The claim concerned unpaid wages for the period 20 October to 20 November 2023, unpaid overtime of 3.83 hours at £21.67/hour, and unpaid holiday entitlement.

Decision

Employment Judge Aspinall determined the claim under rule 21 (default judgment) due to the respondent's failure to respond. The tribunal found in favour of the claimant on all claims, awarding £2091.61 for unlawful deductions from wages and £83.06 for unpaid overtime, plus £242.43 for unpaid holiday pay, totaling £2334.04 gross.

Practical note

When a respondent fails to file a valid response on time, an employment judge can issue a default judgment under rule 21, determining claims on the papers without a hearing based on the claimant's pleaded case.

Award breakdown

Holiday pay£242
Unpaid wages£2,092

Case details

Case number
2301304/2024
Decision date
5 March 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No