Claimant v CJC Utilities Limited (in liquidation)
Outcome
Individual claims
The tribunal found the claimant was dismissed in breach of contract. This was a Rule 21 default judgment where the respondent did not file a response, and the tribunal accepted the claimant's claim as proven.
The respondent was in breach of contract for not paying the claimant for 4 days from 28th to 31st March 2023. Under Rule 21, the tribunal accepted this claim as the respondent failed to defend.
Facts
Miss E Smith brought claims against CJC Utilities Limited (in liquidation) for wrongful dismissal and unpaid wages. The respondent company was in liquidation and did not file a response to the claim. The claimant was not paid for 4 days work from 28-31 March 2023 and was dismissed without proper notice pay.
Decision
The tribunal issued a default judgment under Rule 21 as the respondent failed to respond. The tribunal found in favour of the claimant on both claims, awarding £576.92 for wrongful dismissal (notice pay) and £461.53 for unpaid wages, totalling £1,038.45 gross.
Practical note
Rule 21 default judgments can be obtained where a respondent in liquidation fails to defend claims, allowing claimants to establish liability and obtain monetary awards even though enforcement may be difficult.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3307189/2023
- Decision date
- 8 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No