Claimant v CYC Coastal Club Ltd
Outcome
Individual claims
Liability judgment dated 30 January 2025 entered judgment in favour of the Claimant after the Respondent's response was struck out under Rules 38(1)(c) and 38(1)(d) for failure to comply with orders and not actively pursuing proceedings. The Respondent's behaviour throughout was found to be unreasonable and scandalous.
Liability judgment dated 30 January 2025 entered judgment in favour of the Claimant after the Respondent's response was struck out under Rules 38(1)(c) and 38(1)(d) for failure to comply with orders and not actively pursuing proceedings.
Liability judgment dated 30 January 2025 entered judgment in favour of the Claimant after the Respondent's response was struck out under Rules 38(1)(c) and 38(1)(d) for failure to comply with orders and not actively pursuing proceedings. Included contractual accommodation expenses.
Liability judgment dated 30 January 2025 entered judgment in favour of the Claimant after the Respondent's response was struck out under Rules 38(1)(c) and 38(1)(d) for failure to comply with orders and not actively pursuing proceedings.
Liability judgment dated 30 January 2025 entered judgment in favour of the Claimant after the Respondent's response was struck out under Rules 38(1)(c) and 38(1)(d) for failure to comply with orders and not actively pursuing proceedings.
Facts
The Claimant was employed by the Respondent with a contractual entitlement to stay on-site accommodation between 2 January and 1 March each year. Following the striking out of the Respondent's response on 30 January 2025 for failure to comply with orders and unreasonable conduct, judgment was entered for the Claimant on all claims. The parties signed a COT3 settlement on 7 February 2025 for £23,480.73 payable by 14 February 2025, but the Respondent failed to honour this agreement. The Respondent made no submissions on remedy despite multiple opportunities.
Decision
The Tribunal awarded the Claimant £36,942.73 comprising £23,480.73 for her substantive claims (agreed in the breached COT3), £5,800.00 for accommodation expenses for the periods she would have been entitled to on-site accommodation, and £7,662.00 in costs. Costs were awarded due to the Respondent's vexatious, abusive and unreasonable conduct throughout, including breaching the COT3 settlement agreement.
Practical note
Breaching a COT3 settlement agreement and demonstrating scandalous conduct throughout proceedings will result in full costs awards and judicial condemnation, even after liability has been determined by default.
Award breakdown
Adjustments
25% uplift awarded (£4,015.18) for failure to follow the ACAS Code
Legal authorities cited
Statutes
Case details
- Case number
- 2302035/2023
- Decision date
- 30 January 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No