Cases2301281/2024

Claimant v Florida Direct Limited

23 January 2025Before Employment Judge MortonLondon Southon papers

Outcome

Default judgment£12,668

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. Under rule 21, the tribunal determined the claim in the claimant's favour and awarded £7,663 gross for unauthorised deductions from wages.

Breach of Contractsucceeded

The respondent failed to present a valid response on time. The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded damages of £3,076 gross.

Redundancy Paysucceeded

The tribunal found the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment based on two complete years' service, with the claimant being over 41 years old at the time of dismissal.

Facts

Miss Healy was employed by Florida Direct Limited for two complete years and was over 41 years old. Her employment ended on 31 October 2023 by reason of redundancy. The respondent made unauthorised deductions from her wages and dismissed her in breach of contract without proper notice. The claim was filed on 12 January 2024 and the respondent failed to present a valid response on time.

Decision

Under rule 21 of the Employment Tribunals Rules of Procedure 2013, the tribunal determined the claims in the claimant's favour due to the respondent's failure to present a valid response. The tribunal awarded a total of £12,668 comprising £7,663 for unauthorised deductions from wages, £3,076 for breach of contract in respect of notice, and £1,929 statutory redundancy payment.

Practical note

When a respondent fails to present a valid response on time, the tribunal can determine claims under rule 21, resulting in default judgment for the claimant on properly pleaded claims.

Award breakdown

Notice pay£3,076
Redundancy pay£1,929
Unpaid wages£7,663

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 Rule 21

Case details

Case number
2301281/2024
Decision date
23 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No