Cases2601502/2024

Claimant v Ward Plumbing Heating and Mechanical Limited

3 December 2024Before Employment Judge ClarkMidlands Easton papers

Outcome

Default judgment£6,708

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal granted judgment under rule 21 as the respondent failed to present a valid response on time. The claimant provided sufficient information to establish unauthorised deductions from wages totalling £2,160 gross.

Breach of Contractsucceeded

The claimant was dismissed in breach of contract for failure to provide proper notice. Damages were assessed at £1,440 gross (representing 3 weeks' notice reduced from the original claim because the claimant obtained equivalent employment from 11 May 2024, demonstrating reasonable mitigation).

Redundancy Paysucceeded

The tribunal determined the claimant was dismissed by reason of redundancy and awarded the statutory redundancy payment of £2,100 under rule 21, the respondent having failed to defend the claim.

Holiday Paysucceeded

The respondent failed to pay the claimant's accrued but untaken holiday entitlement. The tribunal awarded £1,008 gross representing the outstanding holiday pay owed upon termination of employment.

Othernot determined

Claims relating to pension contributions (both employee deductions not paid into scheme and employer contributions) were not determined. The tribunal indicated this may lack jurisdiction as it appears to be an auto-enrolment matter for the Pensions Regulator/Ombudsman rather than the Employment Tribunal. The claimant was given until 20 December 2024 to establish jurisdictional basis.

Facts

The claimant was employed by Ward Plumbing Heating and Mechanical Limited and was dismissed by reason of redundancy. The respondent failed to pay various sums including wages, notice pay, redundancy payment and holiday pay. The respondent also deducted pension contributions from the claimant's pay but failed to pay these into his NEST pension account. The claimant filed his claim on 15 August 2024 but the respondent failed to present a valid response on time. The claimant obtained equivalent employment from 11 May 2024.

Decision

The tribunal made a default judgment under rule 21 in the claimant's favour, awarding £6,708 comprising: £2,160 for unauthorised wage deductions, £1,440 for breach of contract (notice pay), £2,100 redundancy payment, and £1,008 holiday pay. The pension contributions claim was not determined pending clarification of the tribunal's jurisdiction, with the claimant given until 20 December 2024 to establish jurisdiction or face dismissal of that claim.

Practical note

Rule 21 default judgments can be made on paper where the claimant provides sufficient information to determine the claim, but tribunals will not automatically award claims where jurisdiction is unclear, particularly for auto-enrolment pension matters which may fall to the Pensions Regulator.

Award breakdown

Notice pay£1,440
Holiday pay£1,008
Redundancy pay£2,100
Unpaid wages£2,160

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 - Rule 21Pensions Act 2008

Case details

Case number
2601502/2024
Decision date
3 December 2024
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
construction
Represented
No

Employment details

Claimant representation

Represented
No