Cases6006495/2024

Claimant v UK Phoenix Healthcare Limited

Outcome

Default judgment£5,833

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to present a response within the time limit. Under Rule 21, the tribunal entered default judgment in favour of the claimant for unauthorised deductions from wages totalling £5000.01.

Holiday Paysucceeded

The respondent failed to present a response within the time limit. Under Rule 21, the tribunal entered default judgment in favour of the claimant for unpaid holiday entitlement of £833.32.

Otherfailed

The claimant's claim for interest on a loan was dismissed as the tribunal determined it did not have jurisdiction to consider it as part of a wages claim.

Facts

The claimant brought claims against UK Phoenix Healthcare Limited for unauthorised deductions from wages totalling £5000.01, unpaid holiday pay of £833.32, and interest on a loan. The respondent failed to present a response to the claim within the relevant time limit.

Decision

Under Rule 21, the tribunal entered default judgment for the claimant on the wages and holiday pay claims, awarding a total of £5833.33. The claim for interest on a loan was dismissed as the tribunal lacked jurisdiction to consider it as part of a wages claim.

Practical note

Where a respondent fails to defend a claim, Rule 21 default judgments provide a swift route to recovery for straightforward wages and holiday pay claims, but tribunals will still dismiss claims outside their jurisdiction.

Award breakdown

Holiday pay£833
Unpaid wages£5,000

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Rule 21

Case details

Case number
6006495/2024
Decision date
10 December 2024
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No