Cases6004361/2024

Claimant v Yusuf Ozdemir

22 January 2025Before Employment Judge Johnsonon papers

Outcome

Default judgment£2,200

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. The tribunal determined on the claim under Rule 22 that the respondent made an unauthorised deduction from the claimant's wages of £1,200.00.

Breach of Contractsucceeded

The respondent failed to present a valid response on time. The tribunal determined on the claim under Rule 22 that the claimant was dismissed in breach of contract in respect of notice and awarded 1 week's statutory notice pay.

Holiday Paysucceeded

The respondent failed to present a valid response on time. The tribunal determined on the claim under Rule 22 that the respondent failed to pay the claimant's accrued but untaken holiday entitlement and awarded £400.00.

Redundancy Paysucceeded

The respondent failed to present a valid response on time. The tribunal determined on the claim under Rule 22 that the claimant was dismissed by reason of redundancy and entitled to a redundancy payment calculated on the basis of 2 complete years' service while aged 22 or under.

Facts

The claimant, Mr M Bell, brought claims against his former employer Yusuf Ozdemir for unlawful deduction of wages, breach of contract in respect of notice, unpaid holiday pay, and redundancy pay. The claimant was dismissed by reason of redundancy after 2 years' service and was aged 22 or under during his employment. The respondent failed to present a valid response to the claim on time.

Decision

The tribunal determined the claim under Rule 22 of the Employment Tribunal Procedure Rules 2024 as the respondent failed to present a valid response. The claimant succeeded on all claims and was awarded a total of £2,200.00 comprising £1,200 for unlawful deduction of wages, £300 for notice pay, £400 for holiday pay, and £300 statutory redundancy payment.

Practical note

Where a respondent fails to present a valid response on time, a Rule 22 default judgment can be made awarding all sums properly claimed without a hearing.

Award breakdown

Notice pay£300
Holiday pay£400
Redundancy pay£300
Unpaid wages£1,200

Award equivalent: 7.3 weeks' gross pay

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 22ERA 1996

Case details

Case number
6004361/2024
Decision date
22 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
Represented
No

Employment details

Salary band
£15,000–£20,000
Service
2 years

Claimant representation

Represented
No