Claimant v OBS Medics Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages. The respondent did not oppose the claim and the tribunal awarded the claimant £300 net.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to provide the required 4 weeks' notice and the tribunal awarded damages based on the claimant's net weekly pay.
The tribunal found the respondent failed to pay the claimant's holiday entitlement. The respondent did not oppose the claim and the tribunal awarded £196.39 for unpaid holiday pay.
Facts
The claimant I Macijauskiene brought claims against OBS Medics Limited relating to unauthorised wage deductions, breach of contract notice pay, and unpaid holiday entitlement. The claimant made an application to amend the claim on 15 January 2025 which was not opposed. The respondent did not participate in the proceedings and did not oppose any of the claims brought.
Decision
Employment Judge Quill granted judgment under Rule 22 in favour of the claimant on all claims. The tribunal awarded £300 for unauthorised deductions, £1,553.52 for breach of contract notice pay (4 weeks at £388.38 net per week), and £196.39 for unpaid holiday pay, totalling £2,049.91.
Practical note
This case demonstrates that when a respondent fails to engage with tribunal proceedings and does not oppose claims, the tribunal may grant a default judgment awarding all monetary claims if they are properly evidenced.
Award breakdown
Case details
- Case number
- 6008026/2024
- Decision date
- 24 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No