Claimant v Incredible Vegan Limited
Outcome
Individual claims
The respondent failed to file an ET3 response. Under rule 21, the tribunal determined the claim on the basis of the ET1 alone and found that the respondent had unlawfully failed to pay the claimant wages in the sum of £1,060.00. Default judgment was entered in the claimant's favour.
Facts
Callum White brought a claim for unpaid wages against Incredible Vegan Limited in the sum of £1,060.00. The respondent failed to file an ET3 response to defend the claim. The case was determined on the papers without a hearing under rule 21 of the Employment Tribunals Rules.
Decision
Employment Judge Burns entered default judgment in favour of the claimant under rule 21, finding that the respondent had unlawfully failed to pay wages of £1,060.00. The respondent was ordered to pay this sum gross and account to HMRC for tax and national insurance.
Practical note
Employers who fail to respond to tribunal claims face default judgment being entered against them on the basis of the claimant's ET1 alone, without the opportunity to defend the claim.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007927/2024
- Decision date
- 9 October 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No