Cases3300007/2024

Claimant v Pinford End Nursing Home

25 February 2025Before Employment Judge GrahamWatfordon papers

Outcome

Default judgment£15,052

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages. The respondent failed to present a valid response under rule 21, and the claim succeeded by default.

Breach of Contractsucceeded

The tribunal found that the claimant was dismissed in breach of contract in respect of notice. The respondent failed to defend the claim and judgment was entered by default under rule 21.

Redundancy Paysucceeded

The tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. The respondent failed to contest this claim.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay the claimant's holiday entitlement. The claim succeeded by default as no response was filed.

Facts

Mrs Hunt was employed by Pinford End Nursing Home and was dismissed by reason of redundancy. The respondent failed to pay her various sums including wages, notice pay, redundancy payment and holiday pay. She filed a claim on 31 January 2024 and the respondent failed to file a response.

Decision

The tribunal entered default judgment under rule 21 as the respondent failed to present a valid response. The claimant succeeded on all claims for unauthorised wage deductions, notice pay, redundancy payment and holiday pay, and was awarded a total of £15,052.05.

Practical note

When a respondent fails to file a response to a tribunal claim, the tribunal may enter default judgment under rule 21, awarding the claimant all sums claimed without a hearing.

Award breakdown

Notice pay£3,088
Holiday pay£386
Redundancy pay£10,421
Unpaid wages£1,158

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 - Rule 21

Case details

Case number
3300007/2024
Decision date
25 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No