Claimant v La Planta LTD
Outcome
Individual claims
The respondent failed to present a valid response on time, and under Rule 21 the tribunal determined that the respondent failed to pay the claimant's holiday entitlement. The claim was determined on the papers without the respondent's participation.
Facts
The claimant P Ayres filed a claim for unpaid holiday pay on 21 August 2024. The respondent La Planta LTD failed to present a valid response within the required time limit. A hearing scheduled for 31 January 2025 was cancelled as the tribunal determined it could properly decide the claim on the papers under Rule 21.
Decision
The tribunal found in favour of the claimant by default judgment under Rule 21, as the respondent failed to respond. The respondent was ordered to pay £1,776.59 for unpaid holiday entitlement. The claim succeeded and the tribunal noted that remedy determination would follow at a later remedy hearing.
Practical note
Default judgments under Rule 21 allow tribunals to determine claims on the papers where a respondent fails to engage with the process, but the judgment notes that remedy still requires further determination despite awarding a specific sum.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6009170/2024
- Decision date
- 7 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- La Planta LTD
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No