Claimant v Trove Wilmslow Ltd
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from wages. As the respondent failed to present a response, the claim succeeded by default under rule 22.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to defend the claim, resulting in a default judgment.
The respondent failed to pay accrued but untaken annual leave entitlement on termination. This claim succeeded by default due to no response from the respondent.
The tribunal declared the respondent failed to comply with regulation 13 of TUPE 2006 regarding information and consultation requirements. The claim succeeded by default.
The claimant did not have the necessary qualifying service of two years for a redundancy payment claim. The claimant was given opportunity to make representations but failed to respond, so this claim was struck out.
Facts
The claimant was employed by Trove Wilmslow Ltd and brought claims relating to unauthorised wage deductions, notice pay, holiday pay, and failure to comply with TUPE consultation requirements. The respondent failed to present a valid response within the time limit, resulting in the tribunal determining the claims under rule 22. The claimant also brought a redundancy pay claim but did not have the required two years' qualifying service.
Decision
The tribunal granted a default judgment under rule 22 in favour of the claimant for all defended claims except redundancy pay, which was struck out due to lack of qualifying service. The respondent was ordered to pay £7,538.01 including awards for unpaid wages, notice pay, holiday pay, and a TUPE consultation failure.
Practical note
Employers who fail to respond to tribunal claims risk substantial default judgments, and TUPE consultation failures can result in significant awards of up to 13 weeks' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6011495/2024
- Decision date
- 14 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No