Cases6012448/2024

Claimant v Singular Intelligence Limited

4 February 2025Before Employment Judge J BannLondon Eastremote video

Outcome

Default judgment£13,490

Individual claims

Breach of Contractsucceeded

The respondent breached the claimant's contract of employment dated 3 April 2023 by failing to pay monthly salary in accordance with the remuneration clause. The respondent paid only 50% of salary for July and August 2023, paid no salary for September 2023, December 2023, and February to 14 May 2024, and only paid £238.10 of £1833.33 owed in January 2024. The respondent did not enter a response to defend the claim.

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent failed to pay contractual salary across multiple months totalling £13,489.66 in unpaid wages. This constituted unlawful deduction from wages as the employer failed to pay the full amount of salary due under the employment contract without lawful reason.

Facts

Mr Singh was employed by Singular Intelligence Limited under a contract dated 3 April 2023 with a monthly salary of £1833.33. Although he permanently resided in India, the respondent was a UK registered company. From July 2023 onwards, the respondent persistently failed to pay his full contractual salary, paying only 50% for July and August 2023, nothing for several months including September and December 2023 and February to May 2024, and only £238.10 in January 2024. The respondent was served with the claim at its registered address but did not enter a response.

Decision

The tribunal found it had jurisdiction to hear the claim despite the claimant residing in India, as the respondent was domiciled in the UK. Under Rule 22, a default judgment was entered against the respondent for breach of contract and unlawful deduction of wages. The tribunal awarded £13,489.66 representing the total unpaid salary.

Practical note

UK employment tribunals can exercise jurisdiction over employees who permanently reside abroad where the employer is domiciled in the UK, and default judgments will be entered where respondents fail to engage with the tribunal process.

Award breakdown

Arrears of pay£13,490

Award equivalent: 31.9 weeks' gross pay

Legal authorities cited

Statutes

Civil Jurisdiction and Judgments Act 1982 s.15C(2)Employment Tribunal Rules of Procedure 2024 rule 10(2)Employment Tribunal Rules of Procedure 2024 rule 22

Case details

Case number
6012448/2024
Decision date
4 February 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
technology
Represented
No

Employment details

Salary band
£20,000–£25,000
Service
1 years

Claimant representation

Represented
No