Cases6008357/2024

Claimant v Trainrite Ltd

15 January 2025Before Employment Judge Mark Butleron papers

Outcome

Claimant succeeds£2,031

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages and ordered payment of £615.38. This appears to be a default judgment under Rule 21 given the respondent is in liquidation and did not participate.

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant's holiday entitlement and ordered payment of £1,415.27. This appears to be a default judgment under Rule 21 given the respondent is in liquidation and did not participate.

Facts

The claimant brought claims for unauthorised deduction from wages (£615.38) and unpaid holiday pay (£1,415.27) against Trainrite Ltd, which was in creditors voluntary liquidation. The respondent did not participate in the proceedings. The tribunal issued a judgment under Rule 21 without a hearing.

Decision

Employment Judge Butler made a default judgment in favour of the claimant under Rule 21, awarding £615.38 for unauthorised deduction from wages and £1,415.27 for unpaid holiday pay, totalling £2,030.65 plus interest at 8% per annum from 21 January 2025.

Practical note

Default judgments under Rule 21 can be made on paper where a respondent in liquidation fails to participate, granting basic wage and holiday pay claims without the need for a full hearing.

Award breakdown

Holiday pay£1,415
Unpaid wages£615
Interest£1

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 Rule 21

Case details

Case number
6008357/2024
Decision date
15 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No