Cases2601958/2024

Claimant v Morgan Woods Ltd

15 January 2025Before Employment Judge H ClarkMidlands Easton papers

Outcome

Default judgment£4,360

Individual claims

Redundancy Paysucceeded

The claimant was dismissed by reason of redundancy. The respondent failed to present a valid response on time. The tribunal determined under rule 21 that the claimant is entitled to a statutory redundancy payment.

Breach of Contractsucceeded

The claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a valid response on time. The tribunal awarded damages for notice pay under rule 21.

Holiday Paysucceeded

The respondent failed to pay the claimant's accrued holiday entitlement. The respondent failed to present a valid response on time. The tribunal awarded the outstanding holiday pay under rule 21.

Facts

Mr Charles Coleman was employed by Morgan Woods Ltd and was dismissed by reason of redundancy. The respondent failed to pay his statutory redundancy payment, notice pay, and accrued holiday entitlement. The claim was filed on 11 November 2024. The respondent failed to present a valid ET3 response within the required time limit.

Decision

The Employment Judge made a determination under rule 21 of the Employment Tribunal Rules of Procedure, following the respondent's failure to present a valid response. The tribunal awarded the claimant £1,400 redundancy pay, £2,400.30 net for notice pay (breach of contract), and £560.07 net for holiday pay, totaling £4,360.37.

Practical note

Where a respondent fails to file an ET3 response on time, the tribunal can make a default judgment under rule 21 awarding compensation without a full hearing.

Award breakdown

Notice pay£2,400
Holiday pay£560
Redundancy pay£1,400

Legal authorities cited

Case details

Case number
2601958/2024
Decision date
15 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No