Claimant v Kods Restaurants Limited
Outcome
Individual claims
The respondent failed to present a valid response on time. Under Rule 21, the tribunal made a determination on the papers and found the respondent made unauthorised deductions from the claimant's wages totalling £1655.40 gross.
The respondent failed to present a valid response on time. The tribunal determined the claimant was dismissed in breach of contract in respect of notice and awarded damages of £413.85.
The respondent failed to present a valid response on time. The tribunal found the respondent failed to pay the claimant's holiday entitlement and awarded £206.92.
Facts
Mrs Cottrell worked for Kods Restaurants Limited. The claimant brought claims for unauthorised deduction of wages, breach of contract in respect of notice, and unpaid holiday pay. The respondent failed to file a response to the claim.
Decision
The tribunal made a default judgment under Rule 21 as the respondent failed to present a valid response on time. All claims succeeded and the respondent was ordered to pay £2276.17 comprising unpaid wages, notice pay and holiday pay.
Practical note
Failure by a respondent to file a timely response to an employment tribunal claim will result in a default judgment determining all claims in the claimant's favour on the papers.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501336/2024
- Decision date
- 8 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No