Cases4107574/2024

Claimant v HR STRXPRESS LTD

27 January 2025Before Employment Judge E MannionScotlandon papers

Outcome

Default judgment£1,043

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a response to the claim. The tribunal found on the available material that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £243.20.

Breach of Contractsucceeded

The respondent failed to provide a statement of initial particulars of employment as required by Section 1 of the Employment Rights Act 1996. The tribunal awarded 2 weeks' pay (£800) as a penalty for this failure.

Facts

The claimant brought claims for unauthorised deduction from wages and failure to provide a statement of initial particulars of employment. The respondent failed to present any response to the claim.

Decision

The tribunal issued a default judgment under Rule 22 in favour of the claimant. The respondent was ordered to pay £243.20 for unauthorised deduction from wages and £800 (two weeks' pay) as a penalty for failing to provide written particulars of employment under s.1 ERA 1996.

Practical note

Failure to respond to tribunal claims can result in default judgment, and employers who fail to provide written particulars face mandatory penalties of up to four weeks' pay.

Award breakdown

Unpaid wages£243

Legal authorities cited

Statutes

Employment Rights Act 1996 s.1

Case details

Case number
4107574/2024
Decision date
27 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
professional services
Represented
No

Employment details

Claimant representation

Represented
No