Claimant v Trove Wilmslow Ltd
Outcome
Individual claims
The respondent failed to present a valid response and judgment was entered in default under Rule 21. The tribunal found unauthorised deductions from wages were made to both claimants.
The respondent failed to present a valid response and judgment was entered in default under Rule 21. The tribunal found the claimants were dismissed in breach of contract in respect of notice.
The respondent failed to present a valid response and judgment was entered in default under Rule 21. The tribunal found the respondent failed to pay accrued but untaken annual leave entitlement on termination.
The tribunal declared that the respondent failed to comply with the requirements of regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006. This was a default judgment as the respondent failed to defend.
Facts
Two claimants brought claims against Trove Wilmslow Ltd for unauthorised wage deductions, breach of contract regarding notice pay, unpaid holiday pay, and failure to comply with TUPE consultation requirements under regulation 13. The respondent failed to present a valid response within the prescribed time limit to either claim.
Decision
The tribunal entered default judgment under Rule 21 in favour of both claimants. Mr Zurita was awarded £10,685.54 and Mr Teturova was awarded £9,168.06, comprising unpaid wages, notice pay, holiday pay and awards for TUPE consultation failures. The scheduled hearing was cancelled.
Practical note
Employers must ensure timely submission of ET3 responses as failure to do so will result in automatic default judgment awarding all sums claimed, including potentially significant TUPE consultation failure awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6011206/2024
- Decision date
- 14 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No