Cases2404816/2024

Claimant v Desmond L Bannon & Sons Ltd

14 February 2025Before Employment Judge Phil AllenManchesteron papers

Outcome

Default judgment£26,710

Individual claims

Unfair Dismissalsucceeded

The tribunal found both claimants were unfairly dismissed. The respondent failed to present a valid response on time, and the tribunal made a default judgment under Rule 22 in the claimants' favour on the unfair dismissal claims.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made unauthorised deductions from both claimants' wages. Mr Hinchliffe was awarded £1,653.00 and Miss Hinchliffe was awarded £4,001.90 for unlawful deductions. The respondent's failure to respond meant the claims succeeded by default.

Breach of Contractsucceeded

Both claimants were dismissed in breach of contract in respect of notice. Mr Hinchliffe was entitled to 4 weeks' statutory notice and Miss Hinchliffe to 3 weeks' statutory notice, which were not paid. The tribunal awarded damages for wrongful dismissal.

Holiday Paysucceeded

The respondent failed to pay both claimants their accrued holiday entitlement on termination. Mr Hinchliffe was awarded £638.40 and Miss Hinchliffe was awarded £270.10 for unpaid holiday pay.

Facts

Two claimants, Mr A Hinchliffe and Miss L Hinchliffe, brought claims against their former employer Desmond L Bannon & Sons Ltd for unfair dismissal, unlawful deduction of wages, breach of contract regarding notice pay, and unpaid holiday pay. The respondent failed to present a valid response on time to either claim.

Decision

The tribunal made default judgments under Rule 22 in favour of both claimants on all claims. Mr Hinchliffe was awarded a total of £14,391.40 and Miss Hinchliffe was awarded £12,318.20, covering basic and compensatory awards for unfair dismissal, unpaid wages, notice pay, and holiday pay.

Practical note

Default judgments under Rule 22 can result in significant awards across multiple heads of claim where respondents fail to engage with tribunal proceedings, emphasising the critical importance of timely response submission.

Award breakdown

Basic award£3,772
Compensatory award£13,961
Notice pay£2,413
Holiday pay£909
Unpaid wages£5,655

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 - Rule 22

Case details

Case number
2404816/2024
Decision date
14 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No