Claimant v MDH Services Group Limited
Outcome
Individual claims
The respondent failed to present a valid response on time. The tribunal proceeded under Rule 21 to determine the claim on the papers. The tribunal found the claimant was unfairly dismissed, with remedy to be determined at a later hearing.
The respondent dismissed the claimant in breach of contract by failing to provide proper notice. The tribunal calculated damages based on 4 weeks' notice at £915 per week gross, less a deduction of £555, resulting in an award of £3,105.
The respondent failed to pay the claimant's accrued but untaken holiday entitlement on termination. The tribunal ordered payment of £549 representing the outstanding holiday pay owed.
Facts
The claimant was employed by the respondent and was dismissed. The respondent failed to file a response to the claim within the prescribed time limit. The claimant was paid £915 gross per week and was entitled to 4 weeks' notice. The respondent also failed to pay accrued holiday pay of £549.
Decision
The tribunal proceeded under Rule 21 and found in favour of the claimant on all claims. The claimant was awarded £3,105 for wrongful dismissal (notice pay) and £549 for unpaid holiday. The unfair dismissal remedy was reserved for a later hearing.
Practical note
When a respondent fails to file a response, tribunals can issue default judgments under Rule 21, determining claims on the papers and awarding contractual remedies immediately while reserving statutory remedy calculations for a full hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2403928/2022
- Decision date
- 27 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No