Claimant v Power Epos Systems Limited
Outcome
Individual claims
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.
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.
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.
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
Legal authorities cited
Statutes
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