Claimant v Pastan Enterprise Limited
Outcome
Individual claims
The tribunal determined the claim for outstanding holiday pay on termination was well-founded and awarded £1208.77 net, as the respondent failed to present a valid response and the claimant's evidence supported the claim.
The tribunal found the claim for unauthorised deduction of wages for the period up to 22 May 2024 was well-founded and awarded £1764.41 net, as the respondent failed to defend the claim and the claimant's evidence established the deductions.
The redundancy pay claim failed because the claimant did not have the required 2 years' continuous service under Section 155 of the Employment Rights Act 1996.
Facts
The claimant was employed by the respondent until 22 May 2024 with less than 2 years' service. The respondent failed to pay outstanding holiday pay and made unauthorised deductions from wages. The claim was filed on 18 September 2024, but the respondent failed to present a valid response on time.
Decision
The tribunal determined the claim under Rule 22 on the papers after the respondent's failure to respond. The claims for holiday pay (£1208.77) and unauthorised deduction of wages (£1764.41) succeeded. The redundancy pay claim failed due to insufficient continuous service.
Practical note
Default judgments under Rule 22 still require claimants to demonstrate legal eligibility for claims, as shown by the redundancy claim failing despite the respondent's non-participation due to insufficient service.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6012046/2024
- Decision date
- 7 February 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No