Cases6018918/2024

Claimant v C M Agri Services Limited

3 January 2025Before Employment Judge SweeneyNewcastleon papers

Outcome

Default judgment£2,681

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a valid response on time. Under Rule 21, the tribunal determined the claim without a hearing. The claimant's allegations of unauthorised deductions from wages totalling £2681.49 were accepted as the respondent did not defend the claim.

Facts

The claimant brought a claim for unauthorised deductions from wages totalling £2681.49 against C M Agri Services Limited. The claim was issued on 17 November 2024 and served at the respondent's registered office. The respondent failed to present a valid response within the required time limit and did not participate in the proceedings.

Decision

The tribunal entered judgment in default under Rule 21 as the respondent failed to file a response. The claim for unauthorised deductions from wages was upheld in full, with the respondent ordered to pay the claimant the gross sum of £2681.49. The scheduled hearing was cancelled as unnecessary.

Practical note

Employers who fail to file ET3 responses on time risk default judgments being entered against them, resulting in automatic liability for all claimed sums without opportunity to defend.

Award breakdown

Unpaid wages£2,681

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 - Rule 21Employment Tribunals Rules of Procedure 2013 - Rule 34Employment Tribunals Rules of Procedure 2013 - Rule 91

Case details

Case number
6018918/2024
Decision date
3 January 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
agriculture
Represented
No

Claimant representation

Represented
No