Cases6020206/2024

Claimant v Dragon Football Academy Limited

11 February 2025Before Employment Judge KM RossWaleson papers

Outcome

Claimant succeeds£4,410

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. Under Rule 22, the tribunal determined the claim on the papers. The respondent made an unauthorised deduction from wages by failing to pay the claimant's September 2024 wages of £3,166.67.

Holiday Paysucceeded

The respondent failed to present a valid response on time. The tribunal found the respondent failed to pay accrued but untaken holiday entitlement and awarded £438.45 gross.

Breach of Contractsucceeded

The tribunal found the claimant was dismissed in breach of contract regarding reimbursement of business mileage expenses (1,216 miles at 45p per mile = £547.20) and accommodation costs (£170 + £88 = £258), totalling £805.20 in damages.

Facts

Mrs Gillard brought claims against Dragon Football Academy Ltd for unpaid September 2024 wages, unpaid holiday entitlement, and unreimbursed business expenses (mileage and accommodation). The respondent failed to present a valid response on time, resulting in a Rule 22 default judgment determined on the papers.

Decision

The tribunal found in favour of the claimant on all claims under Rule 22 procedure. The respondent was ordered to pay £3,166.67 for unpaid wages, £438.45 for holiday pay, and £805.20 for unreimbursed expenses, totalling £4,410.32. No award was made for pension contributions as these are matters for the Pensions Regulator.

Practical note

Employers who fail to defend tribunal claims face default judgments awarding all claimed sums that can be properly determined on the papers, including unpaid wages, holiday pay, and contractual expense reimbursements.

Award breakdown

Holiday pay£438
Arrears of pay£3,167

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 22Employment Tribunals (Interest) Order 1990 Article 12

Case details

Case number
6020206/2024
Decision date
11 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No