Cases4107904/2024

Claimant v Kyoobit

7 February 2025Before Employment Judge J McCluskeyScotlandon papers

Outcome

Claimant succeeds£7,696

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent did not contest the claim and the tribunal found that an unauthorised deduction from wages had been made, ordering payment of £2,975.39.

Breach of Contractsucceeded

The respondent admitted breach of contract regarding pension contribution payments and the tribunal ordered damages of £1,206.17.

Wrongful Dismissalsucceeded

The respondent did not contest that the claimant was dismissed in breach of contract regarding notice, and the tribunal awarded damages of £2,568.50 representing notice pay.

Holiday Paysucceeded

The respondent failed to contest that holiday entitlement was unpaid and the tribunal ordered payment of £945.68.

Facts

The claimant brought claims against her former employer Kyoobit for unauthorised deductions from wages, breach of contract regarding pension contributions, wrongful dismissal for failure to pay notice, and unpaid holiday entitlement. The respondent stated that no part of the claim was contested.

Decision

The tribunal issued a default judgment under Rule 22 as the respondent did not contest any of the claims. The tribunal awarded the claimant a total of £7,695.74 comprising unpaid wages, pension contributions, notice pay and holiday pay.

Practical note

When a respondent does not contest any part of an employment claim, the tribunal can issue judgment on the papers under Rule 22 without a hearing, awarding all sums claimed.

Award breakdown

Notice pay£2,569
Holiday pay£946
Unpaid wages£2,975
Pension loss£1,206

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 22

Case details

Case number
4107904/2024
Decision date
7 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
technology
Represented
No

Claimant representation

Represented
No