Claimant v GenesisDisplay GmbH
Outcome
Individual claims
The respondent failed to present a response to the claim. Under rule 21 of the Employment Tribunal Rules 2013, the tribunal proceeded to a default judgment hearing. The tribunal found that the claimant was unfairly dismissed contrary to section 94 Employment Rights Act 1996.
The tribunal found that the respondent made unauthorised deductions from the claimant's wages, contrary to section 13 Employment Rights Act 1996. This included failure to pay contractual notice pay of one month (£3,750) and accrued but untaken holiday pay for 16 days (£2,769.23), both payable on termination of employment on 30 November 2023.
Facts
Mrs Ezugwu was employed by GenesisDisplay GmbH, a German company, but habitually worked in the United Kingdom. Her employment ended on 30 November 2023. The respondent failed to pay her contractual notice pay of one month, and failed to pay her for 16 days of accrued but untaken holiday. The respondent was served with the claim form but failed to present a response, despite being given the opportunity to do so.
Decision
The tribunal entered a default judgment under rule 21 of the Employment Tribunal Rules 2013. The tribunal found the claimant was unfairly dismissed and had suffered unauthorised deductions from wages. The tribunal awarded the claimant notice pay, holiday pay, redundancy payment, and 18 months' net loss of earnings less mitigation, plus a grossing-up figure for tax on amounts exceeding £30,000. Total award: £48,770.73.
Practical note
Even where an employer is based in another jurisdiction (here, Germany), UK employment tribunals have jurisdiction where the employee habitually worked in the UK, and UK employment rights are non-derogable regardless of any contractual choice of foreign law.
Award breakdown
Award equivalent: 56.4 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3200226/2024
- Decision date
- 12 December 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No