Claimant v Desmond L Bannon & Sons Ltd
Outcome
Individual claims
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.
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.
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.
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
Legal authorities cited
Statutes
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