Claimant v Switch My Business Group Limited
Outcome
Individual claims
The respondent failed to attend and did not present a response. Under Rule 21, the tribunal found in favour of the claimant for unauthorised deduction of 5 weeks' pay totalling £2,500.
The respondent failed to attend and did not present a response. The tribunal awarded 1 week's notice pay of £500 for the respondent's failure to pay notice pay.
The respondent failed to attend and did not present a response. The tribunal awarded £300 for accrued but untaken holiday pay.
The claimant is no longer pursuing the public interest disclosure detriment claim and it was dismissed on withdrawal.
Facts
The claimant brought claims for unlawful deduction of wages (5 weeks' pay), notice pay (1 week), accrued holiday pay, and public interest disclosure detriment against Switch My Business Group Limited. The respondent failed to present a response or attend the hearing. The claimant earned £500 per week. The claimant withdrew the whistleblowing detriment claim during the hearing.
Decision
The tribunal made a Rule 21 default judgment in favour of the claimant as the respondent did not attend. The claimant was awarded £2,500 for unlawful deduction of wages, £500 for notice pay, and £300 for holiday pay, totalling £3,300. The whistleblowing claim was dismissed on withdrawal.
Practical note
Where a respondent fails to respond to a claim or attend a hearing, the tribunal can make a default judgment under Rule 21 for contractual claims including unpaid wages, notice pay, and holiday pay.
Award breakdown
Award equivalent: 6.6 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6008908/2024
- Decision date
- 20 February 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
Claimant representation
- Represented
- No