Cases6008528/2024

Claimant v Power Epos Systems Limited

21 January 2025Before Employment Judge HartLondon Southon papers

Outcome

Default judgment£9,053

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. The tribunal determined under Rule 22 that the claimant was entitled to unpaid wages for 13 working days between 1 July 2024 to 17 July 2024.

Breach of Contractsucceeded

The tribunal upheld the claim for failure to pay 1 month's notice pay, as the respondent failed to present a valid response and the claimant was entitled to this contractual payment.

Breach of Contractsucceeded

The tribunal upheld the claim for failure to repay mileage expenses incurred between 20 May 2024 and 17 June 2024, as the respondent failed to respond and the claimant was entitled to reimbursement.

Breach of Contractfailed

The claim for financial loss arising from non-payment of wages was not upheld because the claimant failed to provide evidence that this loss was directly caused by or attributable to the non-payment of wages as required by the Tribunal letter of 12 November 2024.

Facts

The claimant was employed by Power Epos Systems Limited and his employment ended on 17 July 2024. The respondent failed to pay his wages for 13 working days between 1 July and 17 July 2024, failed to pay one month's notice pay, and failed to reimburse mileage expenses incurred between 20 May 2024 and 17 June 2024. The respondent failed to present a valid response to the claim issued on 14 August 2024.

Decision

Employment Judge Hart made a Rule 22 default judgment in favor of the claimant after the respondent failed to present a valid response on time. The tribunal upheld claims for unpaid wages (£3,261.18), notice pay (£5,435.30), and mileage expenses (£356.40), but rejected a claim for consequential financial loss due to insufficient evidence of causation.

Practical note

In default judgment cases under Rule 22, claimants must still provide evidence of causation for consequential losses, even where liability is admitted by default through failure to respond.

Award breakdown

Notice pay£5,435
Unpaid wages£3,261

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 22

Case details

Case number
6008528/2024
Decision date
21 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
technology
Represented
No

Claimant representation

Represented
No