Cases3315343/2023

Claimant v Pinford End Nursing Home

6 February 2025Before Employment Judge GrahamWatfordon papers

Outcome

Default judgment£20,895

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages. The respondent failed to present a response or defend the claim.

Breach of Contractsucceeded

The claimant was dismissed in breach of contract in respect of notice. The respondent failed to defend the claim and did not present a response.

Redundancy Paysucceeded

The claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The respondent did not contest the claim.

Holiday Paysucceeded

The respondent failed to pay the claimant's accrued holiday entitlement. This was uncontested by the respondent.

Failure to Inform & Consultsucceeded

The respondent failed to collectively consult under s.188 TULRCA 1992 in respect of the redundancy dismissal. The respondent did not defend this claim.

Unfair Dismissalsucceeded

The respondent unfairly dismissed the claimant. The dismissal was procedurally and substantively unfair and the respondent failed to defend the claim.

Facts

Mrs Rayner was employed at Pinford End Nursing Home and was dismissed by reason of redundancy. The respondent failed to pay her wages, notice pay, redundancy payment, and holiday pay. The respondent also failed to collectively consult under s.188 TULRCA 1992 before making the redundancy. The claim was filed on 30 January 2024 with further particulars on 28 March 2024. The respondent failed to present any response.

Decision

Employment Judge Graham made a Rule 21 default judgment in favour of the claimant. All claims succeeded, including unlawful deduction of wages, breach of contract regarding notice, redundancy payment, holiday pay, failure to collectively consult, and unfair dismissal. Total award was £20,894.63.

Practical note

A respondent's failure to file a response results in default judgment for the claimant under Rule 21, with the tribunal accepting the claimant's case including claims for protective awards under s.188 TULRCA 1992.

Award breakdown

Compensatory award£6,024
Notice pay£1,724
Holiday pay£144
Redundancy pay£2,585
Unpaid wages£1,301
Loss of statutory rights£500

Legal authorities cited

Statutes

TULRCA 1992 s.188

Case details

Case number
3315343/2023
Decision date
6 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No