Claimant v Pinford End Nursing Home Ltd
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages. As the respondent failed to present a response, the claim was determined in the claimant's favour under Rule 22.
The claimant was dismissed in breach of contract in respect of notice. The respondent failed to defend the claim, and the tribunal awarded damages for wrongful dismissal.
The claimant was dismissed by reason of redundancy and is entitled to a statutory redundancy payment. The tribunal determined this in the claimant's favour as no response was filed.
The respondent failed to pay the claimant's accrued holiday entitlement. The tribunal awarded the claimant the outstanding holiday pay as claimed.
Facts
Mr Vega brought claims against Pinford End Nursing Home Ltd, which was in creditor's voluntary liquidation. The respondent failed to present a valid response to the claim on time. The claimant sought payment for unauthorised deductions from wages, notice pay, redundancy payment, and unpaid holiday entitlement.
Decision
The tribunal issued a Rule 22 default judgment in the claimant's favour on all claims. The respondent was ordered to pay total compensation of £11,616.20 comprising unpaid wages, notice pay, statutory redundancy payment, and accrued holiday pay.
Practical note
Default judgments under Rule 22 allow tribunals to determine claims on the papers where an insolvent respondent fails to defend, enabling employees to obtain enforceable awards against the National Insurance Fund.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3315355/2023
- Decision date
- 31 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No