Claimant v CrossAcre Tippers Limited
Outcome
Individual claims
The claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a valid response on time, and a default judgment was entered under rule 21 awarding damages for wrongful dismissal.
The claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The respondent failed to present a valid response on time, and a default judgment was entered under rule 21 awarding the statutory redundancy payment.
Facts
The claimant was dismissed by reason of redundancy from Crossacre Tippers Ltd. He was not given proper notice and was owed a statutory redundancy payment. The claim was presented at Watford Employment Tribunal on 9 January 2023. The respondent failed to present a valid response on time.
Decision
The tribunal entered a default judgment under rule 21 as the respondent failed to respond. The claimant was awarded £6,372 for wrongful dismissal (breach of contract in respect of notice) and £15,417 for statutory redundancy payment, totalling £21,789.
Practical note
Where a respondent fails to present a valid response on time, a tribunal can enter a default judgment under rule 21 without a hearing, awarding the claimant the amounts claimed for notice pay and statutory redundancy.
Award breakdown
Legal authorities cited
Case details
- Case number
- 3300184/2023
- Decision date
- 6 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No