Claimant v Mazaar UK Limited
Outcome
Individual claims
The tribunal found the respondent unlawfully failed to pay wages for August 2024 in the sum of £1,678.07. The respondent failed to file an ET3 and the claim succeeded by default under rule 22.
The tribunal found the respondent unlawfully failed to pay 5.5 days accrued but untaken holiday pay in the sum of £819.50. The respondent failed to defend the claim.
The tribunal found the respondent unlawfully failed to pay statutory lay-off pay in the sum of £190.00. This claim succeeded on the papers without opposition from the respondent.
The tribunal found the respondent failed to pay 1 month's notice pay in the sum of £3,106.58. The respondent did not contest the claim having failed to file a response.
Facts
The claimant brought claims for unpaid wages, holiday pay, statutory lay-off pay and notice pay against his former employer. The respondent failed to file an ET3 response within the deadline and did not request an extension of time. The tribunal considered the claimant's ET1 and supporting documents on the papers.
Decision
Employment Judge Forde issued a default judgment under rule 22 of the Employment Tribunals Procedure Rules 2024, awarding the claimant £5,794.15 comprising unpaid August 2024 wages, accrued holiday pay, statutory lay-off pay, and one month's notice pay. The respondent was ordered to account to HMRC for any tax and NI due.
Practical note
When a respondent fails to file a response, tribunals can determine money claims on the papers under rule 22, making it crucial for employers to engage with tribunal proceedings even when they believe claims lack merit.
Award breakdown
Legal authorities cited
Case details
- Case number
- 6022503/2024
- Decision date
- 25 February 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No