Claimant v Green Energy Houses Limited
Outcome
Individual claims
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).
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.
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).
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
Legal authorities cited
Statutes
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