Claimant v Brian Davies and Robert Davies, a partnership trading as 'Gingers Welsh Bakery' or 'The Welsh Bakery'
Outcome
Individual claims
Respondent did not file ET3 or attend hearing. Tribunal found claim well-founded under Rule 21 default judgment procedure. Claimant's evidence was accepted.
Respondent did not file ET3 or attend hearing. Tribunal found claims of unpaid wages well-founded under Rule 21 default judgment procedure based on claimants' evidence.
Respondent did not file ET3 or attend hearing. Tribunal found claims for outstanding holiday pay well-founded under Rule 21 default judgment procedure.
Respondent did not file ET3 or attend hearing. Tribunal found claims for notice pay well-founded under Rule 21 default judgment procedure.
Facts
Four former employees of a Welsh bakery partnership brought claims for unpaid wages, holiday pay, notice pay, and redundancy pay. The respondent partnership did not file a response (ET3) or attend the hearing. Two claimants attended in person, one did not attend but the tribunal proceeded based on evidence heard, and one claimant's judgment was later reconsidered due to service issues.
Decision
The tribunal awarded default judgments under Rule 21 in favour of three claimants (the fourth was reconsidered separately) totaling £6,952.15 gross for redundancy pay, unpaid wages, holiday pay, and notice pay. The tribunal found all claims well-founded based on the evidence presented by the attending claimants in the absence of any defence from the respondent.
Practical note
Where a respondent fails to file an ET3 and does not attend the hearing, the tribunal will proceed under Rule 21 to consider default judgment based on the claimant's evidence, making it critical for respondents to engage with tribunal proceedings even in difficult financial circumstances.
Award breakdown
Legal authorities cited
Case details
- Case number
- 1600900/2024
- Decision date
- 20 January 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No