Claimant v Cranmore Convenience PVT Limited
Outcome
Individual claims
The Claimant was not given the 6 weeks' notice that she was entitled to as her minimum statutory notice under the Employment Rights Act 1996. The Respondent failed to provide the required notice period.
The Claimant's employment continued during the period 7 November 2023 until 30 November 2023 (3.3 weeks) and she received no wages during this period, constituting an unlawful deduction.
The Claimant's claim in respect of unlawful deduction of wages in relation to £600 paid to the Respondent failed, though the tribunal did not provide detailed reasoning in this judgment.
At the time the Claimant's employment ended she had 4.5 weeks' accrued holiday which was not paid to her. The Respondent was required to pay this accrued holiday entitlement.
The Claimant's claim of unfair dismissal was successful. The Respondent failed to file a defence and did not participate in the hearing, resulting in a default judgment for the claimant with awards for basic and compensatory awards.
The Respondent was in breach of its duty to give the Claimant a written statement of particulars when proceedings commenced, resulting in an award of 2 weeks' pay under the relevant statutory provisions.
Facts
Miss Shipley was employed by Cranmore Convenience and her employment ended on 10 January 2024. She was not paid wages for a period from 7 November to 30 November 2023 (3.3 weeks), was not given her statutory 6 weeks' notice, and was not paid for 4.5 weeks of accrued holiday. The Respondent failed to file a defence to the claim and was not permitted to participate in the hearing under Rule 21, though the judge accepted some documents and video evidence.
Decision
The tribunal found in favour of the claimant on all substantive claims. The respondent's failure to file a defence resulted in a default judgment. The tribunal awarded notice pay, unpaid wages, holiday pay, basic and compensatory awards for unfair dismissal, and an award for failure to provide written employment particulars, totalling £12,804.10 subject to recoupment.
Practical note
A respondent's failure to file an ET3 response results in a default judgment under Rule 21, with the claimant able to prove their case with minimal evidence and secure full remedies including unfair dismissal awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1300131/2024
- Decision date
- 17 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Employment details
Claimant representation
- Represented
- No