Cases6011096/2024

Claimant v Mr Mark Akred

4 February 2025Before Employment Judge E FowellLondon South (Croydon)remote video

Outcome

Claimant succeeds£4,614

Individual claims

Unlawful Deduction from Wagessucceeded

Default judgment granted under Rule 22 as the second respondent failed to submit a response to the claim. The tribunal accepted the claimant's evidence regarding unpaid wages.

Breach of Contractsucceeded

Default judgment granted under Rule 22 as the second respondent failed to submit a response to the claim. The tribunal found breach of contract regarding payment obligations.

Facts

The claimant brought claims against two respondents regarding unpaid wages and breach of contract. The first respondent, Mr Mark Akred, was named but was not actually the claimant's employer. The second respondent, Cotswold Drinks Co. Limited, failed to submit a response to the claim. The hearing proceeded as a Rule 22 default judgment hearing.

Decision

The tribunal dismissed the claim against the first respondent on the basis that he was not the employer. Default judgment was granted against the second respondent under Rule 22 for failure to file a response, and the claimant was awarded £4,613.95 for unlawful deduction from wages and breach of contract.

Practical note

Where a respondent employer fails to submit a response to a claim, the tribunal may enter default judgment under Rule 22 if satisfied the claim falls within its jurisdiction and the claimant's evidence supports the claim amount.

Award breakdown

Arrears of pay£4,614

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure Rule 22

Case details

Case number
6011096/2024
Decision date
4 February 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
Represented
No

Claimant representation

Represented
No