Claimant v Kinder World Day Nursery Group Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages. This was a default judgment under Rule 22, suggesting the respondent did not defend the claim.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to pay proper notice, and damages were awarded as a default judgment.
The tribunal found the respondent failed to pay the claimant's holiday entitlement. This claim succeeded as part of the default judgment under Rule 22.
Facts
The claimant, S Jeilani, brought claims against their former employer, Kinder World Day Nursery Group Limited, for unauthorised deductions from wages, breach of contract in respect of notice, and unpaid holiday pay. The respondent did not enter a response or participate in the proceedings, leading to a judgment made under Rule 22 of the Employment Tribunals Rules of Procedure 2013.
Decision
The tribunal issued a default judgment in the claimant's favour on all three claims under Rule 22, as the respondent failed to defend. The tribunal awarded £255.29 for unauthorised deductions, £130.25 for breach of contract (notice pay), and £416.80 for unpaid holiday entitlement, totalling £802.34.
Practical note
Default judgments under Rule 22 allow tribunals to determine claims on the papers where respondents fail to participate, emphasising the importance of engaging with tribunal proceedings to avoid automatic liability.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6012461/2024
- Decision date
- 25 February 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No