Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
The tribunal found that the second respondent made an unauthorised deduction from the claimant's wages. The second and third respondents failed to present responses and were barred from taking part, and the tribunal proceeded to a default judgment in the claimant's favour.
The tribunal found that the second respondent failed to pay the claimant her holiday pay entitlement. The respondent did not defend the claim and the tribunal awarded the outstanding holiday pay claimed.
Facts
The claimant Ms Williamson brought claims against three respondents including the Secretary of State, her former employer Alice and the Hair Ltd (in liquidation), and Tuckwell & Co Ltd. The second and third respondents failed to present responses and were barred from participating. The key issue was whether there had been a TUPE transfer of the claimant's employment from the second to third respondent, and whether wages and holiday pay were owed.
Decision
The tribunal found there was no TUPE transfer and the claimant remained employed by the second respondent when her employment ended. It awarded the claimant £478.47 for unauthorised deduction of wages and £431.61 for unpaid holiday pay against the second respondent, totalling £910.08 gross.
Practical note
Where respondents fail to present responses and are barred from proceedings, tribunals can proceed to default judgment on the evidence presented, particularly in straightforward wage and holiday pay claims.
Award breakdown
Case details
- Case number
- 2600619/2024
- Decision date
- 18 February 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No