Cases1300131/2024

Claimant v Cranmore Convenience PVT Limited

17 January 2025Before Employment Judge FitzgeraldMidlands Westin person

Outcome

Claimant succeeds£12,804

Individual claims

Wrongful Dismissalsucceeded

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.

Unlawful Deduction from Wagessucceeded

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.

Unlawful Deduction from Wagesfailed

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.

Holiday Paysucceeded

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.

Unfair Dismissalsucceeded

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.

Othersucceeded

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

Basic award£1,500
Compensatory award£8,669
Notice pay£1,000
Holiday pay£750
Unpaid wages£550

Legal authorities cited

Statutes

Employment Rights Act 1996Employment Protection (Recoupment of Benefits) Regulations 1996

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