Cases6006820/2024

Claimant v Green Energy Houses Limited

28 January 2025Before Employment Judge KM Rosson papers

Outcome

Default judgment£2,494

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. The tribunal determined under Rule 22 that the respondent made unauthorised deductions from wages, specifically non-payment of commission on the Carrington contract (£390) and the Kay contract (£630).

Holiday Paysucceeded

The respondent failed to present a valid response on time. The tribunal determined under Rule 22 that the respondent failed to pay the claimant's accrued but untaken holiday entitlement totalling £157.89.

Breach of Contractsucceeded

The respondent failed to present a valid response on time. The tribunal determined under Rule 22 that the claimant was dismissed in breach of contract in respect of reimbursement of mileage expenses (659 miles at 45p per mile totalling £296.55).

Othersucceeded

The respondent failed to present a valid response on time. The tribunal determined under Rule 22 that when proceedings began, the respondent was in breach of its duty to provide the claimant with an adequate written statement of employment particulars, resulting in an award of 2 weeks' pay (£1,020) under section 38 of the Employment Act 2002.

Facts

Mr Lowther brought claims against Green Energy Houses Limited for unpaid commission on two contracts (Carrington and Kay contracts totalling £1,020), unpaid holiday pay (£157.89), unreimbursed mileage expenses (£296.55), and failure to provide proper written statement of employment particulars. The respondent failed to present a valid response on time, and the matter was determined under Rule 22 without a hearing.

Decision

The tribunal determined all claims in the claimant's favour under Rule 22, awarding a total of £2,494.44 comprising unpaid commission, holiday pay, mileage expenses, and a two-week penalty for failure to provide adequate written statement of employment particulars under section 38 of the Employment Act 2002.

Practical note

When a respondent fails to enter a response, tribunals can make default judgments under Rule 22, and claimants should ensure they claim all heads of loss including statutory penalties for failure to provide written particulars.

Award breakdown

Holiday pay£158
Unpaid wages£1,020

Legal authorities cited

Statutes

Employment Act 2002 s.38Employment Tribunal Procedure Rules 2024 Rule 22

Case details

Case number
6006820/2024
Decision date
28 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
energy
Represented
No

Employment details

Claimant representation

Represented
No