Cases6010933/2024

Claimant v Roomsbooked Limited

3 March 2025Before Employment Judge JM Waderemote video

Outcome

Claimant succeeds£5,664

Individual claims

Whistleblowingsucceeded

Claimant brought protected disclosure/whistleblowing dismissal claim under Section 103A. Respondent failed to file a response by the return date despite claim being posted to registered office on 10 January 2025. Tribunal proceeded under Rule 21 and found in claimant's favour based on the information provided.

Holiday Paysucceeded

Claimant's complaint under Regulation 14 Working Time Regulations for unpaid holiday pay on termination succeeded. Respondent did not defend the claim and tribunal awarded the full amount claimed.

Facts

The claimant brought claims for automatic unfair dismissal based on protected disclosure/whistleblowing under Section 103A ERA 1996 and for unpaid holiday pay on termination. The claim was posted to the respondent's registered office on 10 January 2025. The respondent failed to file a response by the return date and did not attend the hearing. The claimant had also applied to amend to add unpaid wages but withdrew this application as the sum had been paid after delay.

Decision

The tribunal proceeded under Rule 21 in the absence of the respondent. Both claims succeeded. The tribunal awarded £3,456 compensatory award for the whistleblowing dismissal and £2,208 gross for unpaid holiday pay, totalling £5,664.

Practical note

Employers who fail to defend whistleblowing dismissal claims risk default judgments, and claimants do not need two years' service to bring such claims.

Award breakdown

Compensatory award£3,456
Holiday pay£2,208

Legal authorities cited

Statutes

ERA 1996 s.103AWorking Time Regulations 1998 Reg.14

Case details

Case number
6010933/2024
Decision date
3 March 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No