Claimant v Ward Plumbing Heating and Mechanical Limited
Outcome
Individual claims
The tribunal determined on the papers under Rule 21 that the respondent had made unauthorised deductions from the claimant's wages. The respondent failed to present a valid response on time and the claimant provided sufficient information to enable a proper determination of this claim.
The tribunal found the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. This was determined as a default judgment under Rule 21 following the respondent's failure to respond.
The tribunal determined that the respondent had failed to pay the claimant's holiday entitlement. The default judgment was entered under Rule 21 based on the information provided by the claimant in support of the claim.
Facts
Charlie Stephenson brought claims against Ward Plumbing Heating and Mechanical Limited for unauthorised deductions from wages, unpaid holiday pay, and redundancy pay. The respondent failed to submit a valid response on time. The claimant also raised issues regarding pension contributions totaling £289.90 (employee) and £217.42 (employer) that were deducted but not paid into his NEST pension account.
Decision
The tribunal entered judgment in favour of the claimant under Rule 21 for £1,615 in unauthorised wage deductions, £480 in holiday pay, and £400 in statutory redundancy payment. The pension contribution claims were not determined, with the tribunal indicating they may lack jurisdiction and giving the claimant until 20 December 2024 to demonstrate the tribunal's jurisdiction over these matters.
Practical note
Rule 21 default judgments require claimants to provide sufficient information to enable the tribunal to determine both jurisdiction and quantum of claims without a contested hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2601462/2024
- Decision date
- 3 December 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No