Claimant v National Steel Buildings Ltd
Outcome
Individual claims
The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim on the papers and found that the respondent had made unauthorised deductions from the claimant's wages totaling £1,264.08 gross.
The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim on the papers and found that the claimant was dismissed in breach of contract in respect of notice, awarding damages of £4,583.33 gross.
Facts
The claimant, P Russell, brought claims against National Steel Buildings Ltd for unauthorised deductions from wages totaling £1,264.08 and wrongful dismissal in respect of notice pay. The claim was filed on 30 April 2024 in the Midlands East Employment Tribunal. The respondent company failed to present a valid response within the required time limit.
Decision
Employment Judge Welch determined the claims under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the papers without a hearing. The tribunal found in favor of the claimant on both claims, awarding £1,264.08 for unlawful deductions and £4,583.33 as damages for wrongful dismissal, totaling £5,847.41.
Practical note
Where a respondent fails to present a valid response on time, tribunals can make default judgments under Rule 21, and this case illustrates the consequences of non-participation by employers in tribunal proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6002040/2024
- Decision date
- 17 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No