Cases2406677/2024

Claimant v Vegan House Foods Ltd

15 January 2025Before Employment Judge Mark ButlerLondon Centralon papers

Outcome

Partly successful£2,352

Individual claims

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant's holiday entitlement. This was a default judgment under Rule 22 where the respondent, being in voluntary administration, did not participate in proceedings.

Otherfailed

The claimant sought what was described as 'fair compensation' but the tribunal determined it had no jurisdiction to award such compensation in the circumstances of this case.

Facts

The claimant brought a claim against Vegan House Foods Ltd, a company in voluntary administration, for unpaid holiday pay and what was described as fair compensation. The respondent did not participate in the proceedings. The tribunal issued a default judgment under Rule 22 of the Employment Tribunals Rules of Procedure 2013.

Decision

The tribunal awarded the claimant £2,352.00 for unpaid holiday entitlement but declined to award the additional 'fair compensation' sought, holding it had no jurisdiction to make such an award in the circumstances. Interest at 8% per annum would accrue if not paid within 14 days.

Practical note

Tribunals applying Rule 22 default judgments are still bound by jurisdictional limits and cannot award compensation beyond what statute permits, even where the respondent does not defend the claim.

Award breakdown

Holiday pay£2,352

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 Rule 22Employment Tribunals (Interest) Order 1990

Case details

Case number
2406677/2024
Decision date
15 January 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
food manufacturing
Represented
No

Claimant representation

Represented
No