Claimant v Black Moon Lounge Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages in June 2024. The respondent failed to present an ET3 response, and judgment was entered under Rule 22.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to defend the claim, and the claimant was entitled to notice pay.
The tribunal found the respondent made an unauthorised deduction by failing to pay the claimant for holidays accrued but not taken when employment ended. The claim succeeded by default.
Facts
The claimant worked for Black Moon Lounge Limited until June 2024. Upon termination, the respondent failed to pay unpaid wages totalling £804.30, notice pay, and accrued holiday pay. The respondent failed to file an ET3 response within the time limit.
Decision
The tribunal entered judgment for the claimant under Rule 22 as the respondent failed to present a response. All three claims succeeded: unlawful deduction of wages, breach of contract for notice pay, and holiday pay. Total award of £1,840.43 was made.
Practical note
When a respondent fails to file an ET3 response, tribunals will enter default judgment under Rule 22, and claimants appearing in person can successfully recover unpaid wages, notice pay and holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3201628/2024
- Decision date
- 31 January 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No